No nonsense

Kristin Starnes Gray

Litigation Value:  Office romance with the new Regional Manager (and A.A.R.M.) = fodder for a potential sexual harassment claim; eliminating nonsense from the workplace = every human resources manager’s dream; Dwight giving up a milk maid to marry his long-time love and father his beet-loving offspring = priceless.

As John Krasinski explained in a recent interview with Jimmy Fallon, Thursday’s episode marked the first half of a two-part series finale for The Office. As a side note, I definitely recommend you check out the interview on www.nbc.com.  The lip-syncing competition, which featured a bearded Krasinski passionately singing “I’ll Make Love to You” to Fallon, was comic gold.

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Bye Bye Bye

March 29, 2013 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

Litigation Value: Michael’s Antics over the Years = Too Many Zeros to Count; Collateral Damage from the Dwight/Jim Feud over the Years = Some Unfortunate Workers’ Compensation Claims; Getting a Super-Sized Finale = Priceless.   

Given that my esteemed colleague, Jaclyn, has addressed the Moving On episode twice now, I thought I would focus on our upcoming finale. The word is that, although we will get to see Kelly and Ryan again before all is said and done, our beloved Michael Scott will not be returning for the final episode. I would like to think that he and Holly are too busy happily raising the children Michael has long dreamed of (and even considered adopting on his own until he heard about the pesky waiting period). Regardless, here is my wish list for the finale.

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Breaking up is hard to do

February 18, 2013 - by: Jaclyn West 0 COMMENTS
Jaclyn West

Litigation Value: David Wallace, get your metaphorical wallet out. You’ve got settlement checks to write for Erin ($2,500-$5,000 for sexual harassment and potentially a lot more for invasion of privacy), Pete ($5,000-$10,000 for sex discrimination and a touch of IIED), and Alice (the weakest claim, but still worth $1,000 or so for nuisance value).

What a night in Scranton. Dwight has roped Angela into acting as caregiver for his elderly aunt (best quote of the night: “Loose braids reflect a loose character”), and Pam is interviewing for an office manager job (which turns out to be a receptionist position in disguise) for the Michael Scott of the Philadelphia real estate industry. There’s plenty of material there, but I’ll leave that for one of my esteemed colleagues to discuss on re-runs, because I want to talk about the A plot.

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No woman, no cry

November 19, 2012 - by: Kristin Starnes Gray 0 COMMENTS
Kristin Starnes Gray

Litigation Value: Dwight’s sexual and sexist comments regarding women = additional fodder for a hostile work environment claim (not to mention Clark’s potential claims); Jim taking calls about starting a different company on Dunder Mifflin time = a potential breach of the duty of loyalty; taking another trip to crazy town with Jan = priceless.

With David Wallace unavailable (and wisely so), Dwight has the opportunity to land a major new client and boost Scranton’s sales. Unfortunately for Dwight, the potential client is female and Dwight has difficulty relating to business women. Never fear–it’s Pam to the rescue with a crash course on dealing with high-powered, shoulder pad-wearing businesswomen. It’s no surprise that Dwight has difficulty with Pam’s training but, regardless, all bets are off when the secret potential client turns out to be Jan. Dwight may have landed the sale against all odds but his success doesn’t come without consequences. Here’s my own crash course for Dwight on dealing with a professional woman.

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Crazy About Nellie

October 25, 2012 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Litigation value: $0.00 provided Dwight reins in his hostility to Nellie’s anxiety meds.

Amidst the costumes, bad investments, and a cappella singers (OMG COLBERT!!!!!), this week’s episode — Here Comes Treble — reminds us that harassment on the basis of disability is just as verboten in the workplace as sex- or race-based harassment. Dwight found a little yellow pill under the sofa and learned it was anxiety medication. So he started hunting for the office “crazy person.” He eventually learned that the medication was Nellie’s and fortunately left it alone after that.

But what if instead Dwight started teasing Nellie for being on anxiety medication? And what if Nellie complained about Dwight to Andy but nothing was done, or worse, Andy joined in the teasing? And what if Dwight’s unremedied teasing made Nellie’s condition worse, even to the point that she could not work anymore?

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Three Dwight Circus

September 24, 2012 - by: Kristin Starnes Gray 4 COMMENTS
Kristin Starnes Gray

Litigation Value: Andy’s vocal hatred for Nelly = fodder for her brewing constructive discharge and breach of contract case; New versus Old Dwight dynamic = possible future age discrimination issues; watching Old Dwight’s jealous alter ego attempt a terrifying stunt in the parking lot to put New Dwight in his place = priceless.

The Office kicked off its final season with quite a bang. With a New Dwight (“Dwight Jr.”) and a New Jim (“Plop”), Oscar’s secret affair with The Senator, growing tensions between Jim and Pam over career issues, and the big reveal about the paternity of Angela’s baby, this season should be an interesting one. Andy is back and relishing his role as Regional Manager except for one small problem–Nellie is still lurking around. Hopefully Outward Bound has not resurrected angry wall-punching Andy.   

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iPlaintiff

May 24, 2012 - by: Brian Kurtz 0 COMMENTS
Brian Kurtz

Litigation value: Ryan gets nothing today, but in a few years ….. who knows?

The ADA Amendments Act of 2008 (ADAAA) significantly broadened the ADA’s definition of disability. Ryan had me asking myself how much during last night’s rerun episode, Trivia. During the trivia contest, the organizers confiscated Ryan’s smartphone. Ryan held out for all of eight seconds before deciding that he would rather be ejected from the bar with his smartphone than remain there and compete for $1,000 without it.

Does Ryan have a disability under the ADAAA? Might Dunder Mifflin have to seek a reasonable accommodation for Ryan if he requests one? The answer today is likely “no,” but that could change in the not-too-distant future.

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Ooh, Ooh, She’s Magic

April 13, 2012 - by: Jaclyn West 0 COMMENTS
Jaclyn West

Litigation Value: Not much from this episode, but if Nellie sticks around her apparent prejudice against the Irish and Hispanics could lead to some sticky legal situations.

Another week, another party in Scranton. Last night on The Office, Robert had the party-planning committee working hard on a party to welcome Nellie into the fold. Problem is, the party-planning committee doesn’t actually like Nellie. Nor does anyone else in the office, for that matter. So Pam comes up with the idea to throw a terrible party for Nellie. The gang strings up black streamers, buys bad food (a carrot cake — it’s like a salad bar, as Kevin indignantly points out), and hires Creed to play “all originals.” And the piece de resistance — they hire a magician, because Nellie hates magicians.

But in the process of helping Nellie move into her new apartment while the party-planning goes on, Jim and Dwight learn that Nellie — prejudice against the Irish and Oscar notwithstanding — isn’t all bad. In fact, much of her abrasive attitude is rooted in having to start her life over in a new country after getting her heart broken by “a bloody stage magician.”

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Pyramid

March 01, 2012 - by: Brian Kurtz 1 COMMENTS
Brian Kurtz

Litigation value: $150,000. This isn’t Hooters, Dwight. Requiring Kathy to flirt with customers is sexual harassment. Additional damages if Todd Packer plays his sexual predator role as well as we suspect he can.

“Bloggers are gross. Bloggers are obese. Bloggers have halitosis.”

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Tighten Your Saddles

February 24, 2012 - by: Kristin Starnes Gray 1 COMMENTS
Kristin Starnes Gray

Litigation Value: Cathy showing Jim the “Talla-Nasty” = yet more fodder for Jim’s sexual harassment lawsuit; five dots = a murky texting area and potential lawsuit for Darryl; and watching Dwight work himself into a human bedbug trap = priceless.

This After Hours episode has the gang engaging in conduct that should make any human resources professional cringe. Tighten your saddles, because it is bound to be a bumpy ride. While the Scranton branch is working late, the Florida team is hitting the hotel bar scene for some debauchery. As we have mentioned in previous posts, the fact that the conduct occurs outside the workplace does not necessarily free an employer from liability, particularly when a supervisor instructs her employees that bar attendance is “compulsory.” 

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