Finale

May 17, 2013 - by: Brian Kurtz 2 COMMENTS

Litigation Value:  Bless your heart if you’re still keeping track at this point.

This blog has always focused on bad behavior.  We tease out employment law issues by writing about the characters who do things in the workplace that one simply does not do. So last night’s series finale of the The Office poses quite a challenge in that most of the characters, with a few notable exceptions, exhibited exemplary behavior.

Take Dwight, for example. There was hope early on when he gave Kevin his “Get Out”  that he might fuel a few lawsuits. It was not to be. By the end of the episode, Dwight was careful to turn Pam and Jim’s departure into a termination just so he could offer them a generous severance package. After all these years, Jim has gone from Dwight’s mortal enemy to his bestest mensch.

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Bye Bye Bye

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

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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Watch your back, Oscar

January 04, 2013 - by: Doug Hall 2 COMMENTS

Litigation Value: $250,000 in attorneys’ fees and to settle Oscar’s claims–unless his guilt and his desire not to embarrass himself or out the Senator by disclosing their affair keeps him from making a big deal out of it.

A holiday season rerun of “The Target,” first covered by my colleague Brian Kurtz a few weeks ago: The main story line, and the one with potential for labor and employment exposure, centers on Angela enlisting Dwight’s help in locating a “hit man” to kneecap Oscar in payback for his affair with Angela’s husband, the Senator. Dwight doesn’t realize that Oscar is the intended target at first, and when he learns that is the case, he ultimately is successful in helping stop the “hit” before it can occur (though he does get a kick in the shins from Angela).

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Three Dwight Circus

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

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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A “Get-Together”

January 20, 2012 - by: Matt Rita 0 COMMENTS

Litigation Value:  Call it what you will — a get-together, party, or bacchanalia. By any name, tonight’s gathering at the soon-to-be-former home of Robert California could prove costly for both Dunder Mifflin Sabre and its chief executive.

Are you ready for some meatballs?”  At night’s end, The Office‘s figurative answer to that literal question by Stanley (a/k/a Dwight’s carnivorous co-conspirator) was definitely “No” — that is, if the exodus of swimmers from the indoor pool of their au naturel boss was any indication.

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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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There Was Talk of Oatmeal

December 09, 2011 - by: Matt Rita 0 COMMENTS

Litigation Value:  Surprisingly, despite the free-flowing shots and porcupine quills, the legal risks associated with the most recent Dunder Mifflin Sabre holiday party ultimately proved to be relatively low.  What “holiday” am I referring to?  Well, just ask Stanley.

If only more employees could be like Kevin — not wanting to put anyone out, while content to sate themselves with apple cinnamon and maple brown sugar (in one bowl, with whole milk).  But alas, at this time of year, many of us have watched co-workers (over)indulge other appetites.

In Pennsylvania, where our favorite paper company (occasionally) conducts business, Section 4-493 of the Liquor Code makes it unlawful to “permit any liquor or malt or brewed beverages to be . . . furnished or given, to any person visibly intoxicated.”  Long before Oscar relieved him behind the bar, Robert should have known that Erin and Meredith had reached (or exceeded) their respective limits.  But to the credit of both him and Andy, the company’s upper management — such as it is — saw to it that the most impaired team members made it home safely.  Call it a best practice.

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All’s Fair in Love and War

November 18, 2011 - by: Jaclyn West 0 COMMENTS

Litigation Value: Dunder Mifflin seems to have escaped the week without major liability. But that doesn’t mean that everyone behaved.

Another week, and Andy is still looking for ways to motivate and inspire his team. You’ve got to hand it to him: his analogy of business as war is, at least, more logical than most of the stuff Michael used to come up with. In an effort to bring the office together and get them motivated to attack their competition with renewed vigor, Andy organizes a trip to Gettysburg, complete with pink hats that read, suggestively, “DM does GB.” (This might have been more obviously obnoxious to someone who doesn’t work in D.C. I’m a bit desensitized to tour groups with bright matching apparel.) About half of the office decides to accompany Andy on his meticulously researched battlefield tour… but, as usual, there’s plenty of strife to go around.

Dwight accuses the Gettysburg staff of covering up information about the northernmost battle of the Civil War, the Battle of Schrute Farms. As he regales Erin with stories of his interpretation of Civil War history, Oscar admonishes Dwight not to fill “the poor girl’s head” with nonsense because “she doesn’t know any better.” Fortunately, Erin missed the snarky comment – but I didn’t. This isn’t the first time that Oscar has behaved in a condescending manner toward his coworkers. In an earlier episode, Jim mentioned that Oscar is known around the office as “Actually,” due to his penchant for correcting people. Oscar, a little friendly advice: sure, there’s no law against being a know-it-all, but you might want to consider playing a little bit nicer with your co-workers. For instance, what if you ever wanted to jump ship and find a new job? Plenty of employers will reject an otherwise qualified applicant because they don’t think that the applicant’s personality would mesh with the office, or they believe the applicant would be unpleasant to have around all day. And that’s not unlawful. You catch more flies with honey than with vinegar, Oscar.

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California Scheming

October 20, 2011 - by: Doug Hall 0 COMMENTS

Litigation Value:  More fodder for potential sexual harassment, sexual orientation, and national origin claims, but it could have been worse. At least Andy didn’t run naked through the parking lot with a doughnut on his ding-dong — that would have put me off of Krispy Kreme for awhile.

Was really looking forward to being able to discuss a new episode of The Office following the summer reruns and … NBC puts up a rerun of “The Incentive” against the World Series. Que sera. My colleague Josh Drexler gave his take on the episode (check it out at http://blogs.hrhero.com/thatswhatshesaid/2011/09/30/southern-exposure/), and now it’s my turn.

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Grease Lightning

October 07, 2011 - by: Kristin Starnes Gray 0 COMMENTS

Litigation Value: allowing office staff to take over the warehouse and invent a new loading method = several bizarre Workers’ Compensation claims; Andy asking Oscar about his “wildest fantasy guy” while choosing new warehouse personnel = yet more fodder for Oscar’s potential claims; and controlling your own destiny = priceless.

This week’s episode started off with the warehouse crew winning the lottery and promptly resigning to pursue other dreams, including opening adult entertainment venues and creating “an energy drink for Asian homosexuals.”  Darryl is less than thrilled for his former warehouse co-workers, given that he used to participate in the lottery before his promotion and the crew won using the numbers from his birthday.  Darryl is too depressed to complete his task of hiring a replacement warehouse crew, which leads Andy to ask for volunteers to ship the day’s orders.  With Dwight, Jim, Erin, and Kevin covering the warehouse, what could go wrong?  One damaged wall, one mostly empty shipping truck, one lost customer, several injuries, and numerous greasy paper boxes later, Darryl and Andy both learn to have a greater appreciation for experienced warehouse crews.

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