Liar, Liar, Pants on Fire

May 21, 2010 2 COMMENTS

Litigation Value:  training management on whistleblower protections — $10,000; settling customer claims due to the flaming printers — more than Sabre would like to think about; finding out Holly’s coming back — priceless.

The printers aren’t the only things heating up at Sabre. Jo’s mission to root out the whistleblower had more than one person sweating in Scranton. Tensions were high given Pam’s admission to a reporter’s wife, Darryl’s misguided attempts to pick up a not-so-cute copy editor, Kelly’s infamous tweet, and Andy’s video. Unfortunately for Sabre, a variety of laws protect employees who choose to “blow the whistle” on employer wrongdoing.

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Lovers, Fighters, and Nappers — Oh, My!

May 14, 2010 2 COMMENTS

Litigation Value: Up to $50,000 — or maybe more — to settle Toby’s claim for intentional infliction of emotional distress; $3,000 to train the employees again on what is and what is not appropriate office behavior (especially with regard to office romance); more fodder for Erin’s sexual harassment case; and some individual legal fees for Dwight and Angela.

Whew! The employees over at Dunder Mifflin/Sabre have been busy. So busy, in fact, that it’s hard to name anyone who was actually on good behavior last night. (Except for maybe Andy. He was certainly inserting himself inappropriately into Michael’s personal life, but his heart was in the right place. In most workplaces, though, it’s generally not a good idea to force your boss to confront his married girlfriend’s spouse. Even if you introduce your boss as “my associate, Sheldon.”)

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Blowing the Whistle

May 06, 2010 0 COMMENTS

Litigation Value: $50,000 for the office meeting Michael called to discuss his sex life with his employees.

In this week’s episode of The Office, we saw two storylines, both of which provide interesting employment law issues: Michael’s quest to find out if Donna is cheating on him and Darryl’s attempt to play a prank on Andy that turns out to resemble a whistleblower complaint.

Michael is concerned that his new girlfriend, Donna, is cheating on him because he thinks she is too good-looking for him. So, in classic Michael fashion, he holds an office meeting to ask everyone what they think. Of course, Michael cannot resist telling the office how much sex he is having with Donna. This meeting is an obvious problem in the office. Michael, the boss, forced his subordinates to listen to him talk about his sex life. If any person in that room was offended, Michael will have a sexual harassment complaint on his hands. This type of sexual harassment requires that the harassment was “severe and pervasive” so as to create a hostile work environment. The meeting shown in the episode likely wasn’t severe enough to create a hostile work environment (and most employees actually seemed to participate willingly), but if Michael continued his banter throughout the day, then the employees could have a claim.

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Sex Sells (OK, No It Doesn’t)

May 01, 2010 0 COMMENTS

Litigation Value: $250,000 for assault, battery, intentional infliction of emotional distress, negligent hiring, and negligent entrustment.

Well, folks, the quintessential horndog – Michael Scott – is back on the stick. And this week, he didn’t disappoint. Michael’s recent announcement that this may be his final year sitting in the boss chair makes us wonder who will replace him; as if anyone could. We’ll address that later.

All right, so check it out: An attractive female, and potential Sabre customer, let’s just call her Donna (because that’s her name), visits the office dressed in eye-catching semi-business wear. Michael wastes no time in jokingly asking: “Did somebody order a hooker?” Soon thereafter, Michael interrupts Jim and Pam Halpert’s PowerPoint sales presentation by offering Donna a dog-eared Victoria’s Secret catalog. Michael further attempts to get Donna “turned on” by hijacking the presentation, superimposing wistful photos of himself, both fully clothed and facetiously standing behind a semi-nude strongman cutout (including an unnamed underwear model).

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