Dueling Complaints

September 25, 2009 7 COMMENTS

LITIGATION VALUE:  $50,000 (in litigation costs on Darryl’s claims); damages continuing to pile up on Oscar’s claims.

In tonight’s episode, “The Meeting,” we watched as Michael interfered with Jim’s attempt to obtain a promotion and falsified documents in Jim’s personnel file (clearly a problem, but not the most interesting problem in this episode). We also watched as Toby and Dwight conducted a stakeout of Darryl’s house to investigate the workers’ compensation claim Darryl filed after he “fell off a ladder” in the warehouse.

This is “The Office,” so we knew the stakeout was a bad idea the moment Dwight suggested it, and Dwight and Toby did not disappoint. The stakeout resulted in Toby and Dwight making vulgar and inappropriate statements about Darryl’s sister. Later, we learned that Darryl lied in his workers’ compensation forms about how he was injured. Dwight threatened to file a complaint with corporate about Darryl’s falsified workers’ compensation forms. Darryl, in turn, threatened to file a sexual harassment complaint with corporate on behalf of his sister. Both men filed complaints, and Toby gets to do a lot of paperwork.

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Office Scuttlebutt

September 18, 2009 2 COMMENTS

Litigation value: $100,000

A new season of The Office is upon us!  Although Michael Scott is hardly a man for all seasons (and unlikely to be confused with Thomas More, or any other saint), in last night’s premiere he provided us with yet another object lesson on employment law.  This time the principle involved was employee privacy, or rather the lack thereof. In Michael’s zeal to shed his “third wheel” status, he set out to spread gossip about virtually everyone at Dunder Mifflin’s Scranton branch — other than himself, of course.  His rumors had nothing to do with company matters and everything to do with the personal lives of his staff members. For example, Michael would find it difficult to explain how the paper business has anything to do with Toby’s alleged virginity, Kelly’s supposed eating disorder, Creed’s asthmatic scuba diving, or the imaginary person inside of Kevin “working [him] with controls.”

The main focus of the rampant “scuttlebutt” was Stanley’s extra-marital relationship with a woman who had been his rehab nurse. Although an employee’s off-duty sexual conduct is a private matter, Michael saw fit to make himself “an equal part of it” — much as he did with Pam’s not-so-secret pregnancy. By disseminating such information to co-workers, Michael may have committed the tort of invasion of privacy.

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Company-Sponsored Hijinks

September 04, 2009 6 COMMENTS

In the rerun episode of “Company Picnic,” Season 5′s finale, we saw the Dunder Mifflinites don branch t-shirts and head out for a day of friendly competition, team-building and — because this is Dunder Mifflin we’re dealing with — potential disaster. We already discussed the noteworthy events, such as Michael announcing the closing of the Buffalo branch to the entire company, including the shocked Buffalo employees and their families… so I thought I’d just say a few words about employer-sponsored recreation.

Company picnics can be a great bonding experience and are often appreciated by employees, but they are also fertile ground for mishaps of all sorts. For instance, Pam and Jim told the story of last year’s picnic, where an inebriated guest tried to regain some stability by hanging onto Pam and apparently got a bit fresh. That’s never good news if you’re Human Resources. (Speaking of HR, I’ve just got to shake my head over Holly Flax. It’s dangerous enough for a company when employees get involved with one another, worse still when a manager is involved in a workplace relationship. But as an HR professional, Holly’s judgment in getting involved with two coworkers is pretty darn questionable.)

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