Tighten Your Saddles

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

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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Some Friendly Advice

January 27, 2012 - by: Jaclyn West 0 COMMENTS

Litigation Value: Nada, Zero, Zilch. Interview Advice: Priceless.

No “Office” last night, fellow Scrantonites! (Scrantonians?) I didn’t know what to do with myself all evening. And since we don’t have a new episode – or even a rerun – to discuss, I did what I do best and made a list.

Top 10 Things NOT To Say When Interviewing For A Job At Dunder Mifflin Paper Company:

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A Flush and a Fluke

January 13, 2012 - by: Kristin Starnes Gray 0 COMMENTS

Litigation Value:  Dwight manhandling Gabe = a pricey negligent retention/supervision lawsuit; Andy trying to convince Oscar to cook the sales books = $700 for an expedited severance agreement and release in full for Andy; Kevin and the Einsteins claiming all the glory at trivia = one priceless fluke.

What happens when an office is $800 short of meeting its sales goal on the very last day of the quarter? For our Scranton friends, it means a road trip to a gay bar in Philadelphia for one epic night of trivia. Anxious to impress Robert California, Andy is desperate to hit his numbers at any price, including buying a carload of paper himself and even asking Oscar to fudge the sales numbers for him.

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Sabotage!

January 05, 2012 - by: Brian Kurtz 0 COMMENTS

Litigation value: Nothing in this episode, but Dwight is perilously close to civil and criminal liability for his computer activities.

Jaclyn West wrote about this episode, Doomsday, two months ago when it originally aired. Her post discussed “motivation” and the inevitable sexual harassment of warehouse Val, either at the hands of Gabe or Darryl.

Dwight’s “Accountability Booster” raises a different employment law issue. The Computer Fraud and Abuse Act of 1986 prohibits, among other things, intentionally transmitting a code or program and causing damage to a computer system. Dwight’s doomsday program would have sent information to Robert California that was harmful to the Scranton employees. This likely does not violate the CFAA, but it reminds us that Dunder Mifflin needs an acceptable use policy to govern computer use by its employees.

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Stand by Me

December 02, 2011 - by: Kristin Starnes Gray 0 COMMENTS

Litigation Value:  Implementing an antinepotism policy = $800; medical bills for Dwight’s tumble from his secret standing stool = $1,000; applying your “buffalo wings passion” to all aspects of your life = priceless.

Last night’s episode contained some interesting revelations about our friends at Dunder Mifflin Sabre.  Indeed, Creed may be part of a secret suicide cult, Phyllis is prone to “classic room-clearing farts,” Oscar likes to put puppies in ladles for photo purposes, and Creed spends part of his work day playing with a toy helicopter on the roof.  In addition, we learned that there is someone who actually intimidates regional manager Robert California — his wife, Susan.

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Green Thumb, Brown Nose

October 17, 2011 - by: Brian Kurtz 0 COMMENTS

“The Garden Party” episode was light on employment litigation but heavy on workplace psychology. Poor Gabe. His capacity for humiliation knows no limits. I wasn’t sure he could sink lower than his public dumping at the hands of Erin last season, but then we witnessed his repeated sycophantic toasts of Robert California. Sad, right?

Maybe not. Before we feel pity for Gabe, what if he’s on to something? Does brown-nosing in the workplace work? Some research suggests that, yes, it does. A 2004 study in the Journal of Applied Psychology concluded that “ingratiation” (read: sucking up) by job interview candidates had a positive impact on the interviewer’s perceived fit, while self-promotion had a nonsignificant impact.

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Southern Exposure

September 30, 2011 - by: Joshua Drexler 1 COMMENTS

Litigation Value: The exposure promises to be vast when California finally takes the plunge.

Who is this Robert California? What are his credentials? When did he arrive in Scranton? Where did he come from? How long until he does something highly illegal?

Clearly, a lot of mystery surrounds Mr. California. Whatever his secret may be, he is inspiring the members of the Scranton branch to rise to new and greater levels of productivity, camaraderie, and ultimately and most importantly, sheer lunacy. For example, Andy has taken to motivating the team by offering up his buttocks as a personal billboard. Lucky for him, his subordinates were merciful and chose not go with their initial choice for Andy’s tattoo – the image of a baby crawling out his derrière.

And it is not only grand acts of lunacy that Mr. California is inspiring. There’s an uncomfortable buzz around him that affects everyone in his path. Erin kisses him on the cheek after handing him a cup of coffee. Andy calls him dad. Kevin is prone to shouting and angry confrontations.

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Boldest Applicant is the Best Applicant . . . Sometimes

July 14, 2011 - by: Joshua Drexler 0 COMMENTS

I find it hard to believe that my fellow bloggers have overlooked the most obvious choice for Michael Scott’s replacement: Fred Henry, played by Will Arnett. After all, who else during their interview promised to deliver a plan that would double the branch’s profits? Undoubtedly, Mr. Henry’s strategy was the boldest and most innovative of any applicant. While Dwight’s strategy of bribing the interviewing committee was certainly gutsy, it was also illegal, and therefore, he is disqualified as a viable candidate.

Mr. Henry explained that he had a three-step plan to double the Scranton branch’s profits. Wisely, when the committee asked Mr. Henry to reveal his plan, he refused, stating, “nice try.” As pointed out by Mr. Henry, had he revealed his plan so easily, he would have lost any leverage that the plan afforded him. Instead, he promised to reveal the plan upon being hired. When pressed, he gave in slightly and revealed “part three of part two” of the plan, which consisted of “Color Codes….Send Documents….T.W.” Brilliant. Absolutely brilliant. OK, maybe not brilliant, but at least he’s creative and knows how to bargain. While I’m not sure I would advise my clients to hire an applicant who engages in aggressive bargaining during an interview, bargaining during an interview can be appropriate under the right circumstances.

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Categories: Hiring / HR / Management / The Office

Bippity Boppity Give Darryl the Zoppity

Next on our list of possible candidates for Michael Scott’s recently vacated position is Darryl Philbin, also known as “Mittah Rogers” (but only by Michael). Darryl has come a long way since we first met him in Season 1 as he watched Dwight suddenly emerge from a box in the warehouse. Here’s my list of pros and cons for Darryl as boss.

Pros

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Still a Disaster, Thankfully

May 20, 2011 - by: Joshua Drexler 1 COMMENTS

car wreckLitigation Value: minimum $250,000 if Dwight gets the job.

C’mon, let’s be honest. You watched the season finale of The Office for the same reason that millions of fans watch NASCAR. You knew a pile-up was coming. And you kind of hoped the crash would be fantastically terrible — so long as no one was terribly injured.

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