It’s Not Easy Being Green

December 03, 2010 - by: Kristin Starnes Gray 0 COMMENTS

Blawg 100Litigation Value: Front-row seat for the epic Michael v. Oscar battle of the wits = $0; coffee from the office coffee bar = a shocking $8 per cup;  watching Dwight fail miserably at drinking coffee with his toes = priceless.

In this week’s episode, Oscar and Michael battle it out to see who is the smartest person in the office, while Dwight and Pam face off about Dwight’s new cost-saving measures in the building. Let the Scranton games begin.

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A Picture is Worth a Thousand Gags

October 15, 2010 - by: Kristin Starnes Gray 2 COMMENTS

Kidnapping day laborers = possible jail time for Dwight; giving Oscar another paid vacation and use of a company car= $15,000; settling claims related to Andy’s sex-ed course = more than just some free pizza; watching Michael try to convince an elderly stranger that they were once lovers = priceless.

Between Michael tracking down his former girlfriends over an STD scare and Andy using a sex-ed course to find out if Erin is practicing abstinence, last night’s shenanigans certainly made for an expensive and unproductive day for Sabre. One of the many lessons from last night’s episode is that romantic relationships between employees can lead to serious awkwardness and even potential liability. For example, after noticing a cold sore, Michael began a mission to notify his past girlfriends that they might have herpes. This list of old flames included his former supervisor, a human resources manager, and even Oscar (which we’ll get to shortly). I must admit, though, that I enjoyed Michael interrupting Jan’s ridiculous sing-a-long by abruptly stating , “I have herpes.”

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2010 Dundies

August 27, 2010 - by: Jaclyn West 2 COMMENTS

Litigation Value: A little recognition goes a long way, especially if there’s an unlimited bar tab…

As the weeks roll by, we find ourselves closer and closer to the season premiere and Michael Stott’s last year at the office. But right now, we’re still in the midst of the long, hot summer, and last night was another rerun. Last night we re-watched “St. Patrick’s Day,” which we covered earlier this year. It got me thinking about job satisfaction. In addition to work-life balance, which we discussed on first run, what else do employees need to feel happy in their jobs? Recognition! Now that’s something Michael does very well, especially when the annual Dundie Awards roll around. Here are my picks for 2010:

The Brangelina Award goes to the hottest couple in the office!  Their roller coaster romance gives us plenty to talk about at the water cooler when we should be selling paper. Ladies and gentlemen, Ryan Howard and Kelly Kapoor!

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Ch-ch-ch-ch-changes

July 02, 2010 - by: Matt Rita 0 COMMENTS

Litigation Value: $0. Now that we’re into the summer season of recycled shows, we’ll assume that all stale claims are time-barred.

Plus ça change, plus c’est la même chose. Or so we thought. With a doubleheader of The Office repeats on last night’s schedule, this blogger was getting ready to post a rehash of two episodes from last season: The Banker and Sabre. (Before I forget, allow me to give obligatory yet sincere props to two of my colleagues, Brian Kurtz in Chicago and Chris Butler in Atlanta, for their prior write-ups on those shows.)

But news recently reached me, out here west of the Mississippi, that Steve Carell may be ending his run as our favorite show’s most (in)famous character, Michael Scott. That, in turn, has suggested that I write on a recurring and unavoidable topic: change.

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Aged Like a Fine Wisconsin Parmesan

June 10, 2010 - by: Doug Hall 1 COMMENTS

Litigation Value: More fodder for a potential lawsuit by Oscar Martinez; at least $10,000-15,000 to help Dunder Mifflin muddle through the competing Darryl-Dwight complaints — and the only reason it is that low is that, at the end of the day, neither is likely to want to escalate their dispute further.

Tonight we were treated to a repeat — or should I say “finely aged” — episode, “The Meeting.” The main story line — in which Michael Scott tries to undercut Jim Halpert’s efforts to get promoted to management, only to learn that Michael would have been promoted as well — doesn’t really involve potential employment law liability to the company. There is plenty to talk about, however, in the “B” plot and the cold open.

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Sex Sells (OK, No It Doesn’t)

May 01, 2010 - by: Chris Butler 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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Meet the New Boss

February 04, 2010 - by: Brian Kurtz 3 COMMENTS

Litigation Value: Approximately $5,000 – 10,000; Oscar’s Dunder Mifflin vacation time … and the replacement cost of Stanley’s busted windshield.

Employment law issues often get overlooked in a merger while the parties focus on stock price, transition planning, public relations, and other big-ticket concerns. When Gabe announced to the Scranton employees that Sabre offered two weeks of vacation, Oscar complained that he had six weeks banked from Dunder Mifflin. Is he entitled to either cash it out or carry it over to his Sabre employment? Probably.

While not entirely clear, it appears that Sabre purchased a controlling stake in Dunder Mifflin. In this type of stock purchase, the buyer “steps into the shoes” of the company being acquired. Of course, a new employer can make its own policy, but subject to state wage-hour laws. Most state laws prohibit an employer from taking away an employee’s earned or accrued vacation. Oscar’s complaint suggests that Dunder Mifflin permitted employees to carry over earned, unused vacation. So when Sabre stepped into Dunder Mifflin’s shoes, Oscar’s vacation bank should have carried over. Hey, Gabe. Let’s talk about a use-it-or-lose-it vacation policy.

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Dummies, Morons & Idiots

January 28, 2010 - by: Jody Ward-Rannow 1 COMMENTS

Litigation Value: $0 (which is good because Dunder Mifflin has no money left!)

Unfortunately, tonight’s episode was another repeat. Matt Rita did a fantastic job covering most of the employee relations issues raised by this episode when it originally aired in November. In this post, we will discuss two moments not discussed in the previous post.

First, Oscar’s notebook of evidence of sexual orientation discrimination gained a new entry. At the Dunder Mifflin shareholder meeting, Andy attempts to convince Oscar to ask the executives a question about their leadership. Andy asks Oscar how Oscar wants his grandkids to remember him. Dwight responds, “How is HE going to have grandkids?” This sarcastic comment, alone, will not cost DM any money, but it certainly helps Oscar button up his claims. Oscar better cash in his notebook of claims soon before DM declares bankruptcy.

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Dummies, Morons & Idiots

January 28, 2010 - by: Jody Ward-Rannow 1 COMMENTS

Litigation Value: $0 (which is good because Dunder Mifflin has no money left!)

Unfortunately, tonight’s episode was another repeat. Matt Rita did a fantastic job covering most of the employee relations issues raised by this episode when it originally aired in November. In this post, we will discuss two moments not discussed in the previous post.

First, Oscar’s notebook of evidence of sexual orientation discrimination gained a new entry. At the Dunder Mifflin shareholder meeting, Andy attempts to convince Oscar to ask the executives a question about their leadership. Andy asks Oscar how Oscar wants his grandkids to remember him. Dwight responds, “How is HE going to have grandkids?” This sarcastic comment, alone, will not cost DM any money, but it certainly helps Oscar button up his claims. Oscar better cash in his notebook of claims soon before DM declares bankruptcy.

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Classic Rewind

January 22, 2010 - by: Chris Butler 6 COMMENTS

Litigation Value: In the aggregate, $100 million; most of which is punitive damages

OK, so tonight’s episode – The Banker –- didn’t really bring us much new material, but it indeed highlighted five years of near-catastrophic employee-relations failures. As Dunder Mifflin verges on economic collapse, a potential investor dispatches its self-proclaimed “fact-checker” to conduct a due-diligence assessment of the company’s “H.R. liabilities.” While interviewing HR representative Toby Flenderson, the fact-checker poses a series of provocative questions that invoke Toby’s vivid recollection of why he so dearly hates his job. In essence, we rewind the tape a few years. Let’s take a look:

  • Racial/national origin harassment/discrimination: Michael Scott mocking Kelly Kapoor’s Indian heritage.
  • Inappropriate and/or sexually-suggestive language and innuendos: Michael’s skilled reliance on the phrase “that’s what she said” to transform seemingly innocuous comments into sexually charged double entendres; Michael’s lewd references to Stanley Hudson’s teenage daughter; Michael exposing himself to Pam; Meredith Palmer exposing herself to the entire office; and Michael kissing Phyllis Lapin to dissuade her from complaining to human resources about his sexually offensive language, and then immediately rewarding her graciousness with sexually offensive language.
  • Sexual harassment/sexual orientation harassment: Michael kissing the visibly-horrified Oscar  Martinez on the lips to illustrate his tolerance of same-sex relationships; again, Michael kissing Phyllis; and, yet again, Michael’s unbridled references to “that’s what she said.”
  • Age harassment/discrimination: Several mean-spirited references to Creed Bratton’s age and his “distinct old man smell.”
  • Workplace violence: Andy Bernard ramming his fist through the wall; Pam slapping Michael; Kelly slapping Michael; Jim Halpert slapping Dwight Schrute; Dwight punching Michael, and later pounding him in the face with a shoe; Phyllis hurling a wad of paper into Angela Martin’s face; and Oscar shoving Angela.
  • Potential workers’ compensation claims: Michael running down Meredith in the employee parking lot; Andy plunging from a transfer truck into an empty refrigerator box; and Michael ramming the warehouse forklift into a storage rack, causing a cascade of flying metal, boxes, and paper.
  • Health and safety violations: Dwight purposely igniting a trashcan paper fire to instigate an unscheduled fire “drill”; and, again, Michael ramming the warehouse forklift into the storage rack.
  • Property damage/waste of company resources: Michael and Dwight bouncing a watermelon from the office roof onto a parked car; several mutinous employees shoving paper, books, and supplies to the floor; an employee shattering a plate glass window with a toy-gun projectile; again, Michael overturning the storage rack; Jim disassembling Dwight’s desk and contents (classic) and enveloping them in holiday wrapping paper; and Jim encasing Dwight’s stapler in a Jell-O mold.
  • Invasion of privacy/HIPAA violations: Dwight demanding that each employee publicly identify his or her personal medical condition to determine its legitimacy.
  • Supervisor-subordinate romantic relationships/inappropriate public displays of affection: Dwight making out with Angela; Angela making out with Andy; Kelly making out with Ryan; Michael’s painfully inappropriate workplace relationship with his boss, Jan (and discussing his repeated vasectomies before the entire office); and Jim’s and Pam’s eternal office romance, despite Jim’s supervisory role (OK, we turn a blind eye to this because we really like them).
  • Hostile work environment/miscellaneous inappropriate and outrageous behavior: All of the above, and too many to mention.

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