Litigation value: $0
In the Prince Family Paper episode of The Office, the employees of Dunder Mifflin Scranton act inappropriately and potentially create liability for the company on two different fronts. But fortunately, as seems to be the case quite often this season, no one does anything to definitely create liability for the company. That doesn’t mean we approve of their conduct, though, as literally everyone in the office was in on the shenanigans.
First, let’s deal with Michael Scott and Dwight Schrute. Like in the 8th grade, Michael and Dwight’s spy mission to Prince Family Paper was inappropriate, awkward, and just felt wrong. However, as legitimate competitors, Dunder Mifflin is entitled to compete with Prince Family Paper, even if they’re slimy about it. And the customer list Michael and Dwight got from Mr. Prince could have been a trade secret –- if he hadn’t just given it to Michael so freely. So, at the end of the day, Michael’s and Dwight’s behavior might not have been ethical, but it was probably legal.
As for the rest of the gang back in Scranton, their too-thorough debate about Hillary Swank’s being hot or not probably crossed the line. If I had a nickel for every time we talked about the hostile work environment at Dunder Mifflin. . . . Still, since literally everyone participated in the debate -– even Angela! and Toby! -– I don’t know how successful anyone would be in making a claim.
Again, I think the company escapes without any liability. Of course, whatever they saved in legal fees and judgments, I’m sure they lost in productivity and sales. I mean seriously, did anyone work at all during the episode?
Stay tuned for the post-Super Bowl episode of The Office in just over a week. What can Dunder Mifflin do wrong when the whole world is watching?
I am increasing appalled at how poorly our erstwhile hero Jim is as a manager. He caved far too quickly after his all-to-weak attempt to quell the “hot or not” debate. Of course, having Jim as an effective manager wouldn’t make good TV!
I was SURE there was something illegal in what Dwight and Michael were up to. Impersonating a lawyer, maybe? 🙂
After watching the episode, the discussion in my family turned to the choice of Hillary Swank. We decided the only actress who might have been better (i.e. more polarizing) for the “Hot or Not” question would be Sarah Jessica Parker.
I’m not sure I agree with your analysis on Michael’s and Dwight’s conduct. Many states recognize actions for tortious interference with prospective business relations. It’s certainly true that, as competitors, Dunder Mifflin has some leeway to make inroads into Prince’s clientele — even if that means being slimy. But Michael’s actions in procuring Prince’s client list might be construed as fraudulent and beyond the scope of “legitimate competition.” Granted, Prince handed the list over without a lot of hesitation, and that certainly favors Dunder Mifflin. But you never know how a court or jury may react, particularly if there were corporate-level documents that showed an intent by DM to put Prince out of business and monopolize its market.
Rob raises a good point because Dunder Mifflin is definitely on the road to tortiously interfering with the Princes business relationships. Still, Dunder Mifflin has to do something more to actually interfere with the customers before the Princes would have a claim. Even though Michael may have acted fraudulently in getting the customer list, he didn’t take the next step and actually try to unlawfully solicit those customers. Yet.
Actually, I don’t think he has the heart to do it. Apparently David Wallace does. And we all know that Dwight does, to the extent he has a heart at all. So for now, I don’t think a tortious interference claim exists, but it’s close. Maybe we’ll hear more about this in the next few episodes.