Litigation Value: Wait, Dunder Mifflin might actually be a plaintiff in an employment dispute? In a surprising turn of events, the company may have claims against Andy Bernard for stealing a major client and against Jim and Dwight for stealing from the company. Not surprisingly, Dunder Mifflin is looking at liability ($150,000+) for Robert California’s “filthy” messages to his subordinate, Nellie. Also, Pam’s acquisition of Nellie’s cell phone raises several privacy issues in the workplace. WARN Act violations could also cost the company another $100,000.
This episode was like a law school exam. So many issues; so little time.
First, we see the Syracuse and Scranton salespeople fighting over the Binghamton office’s (former) clients. The Binghamton office seemingly closed with little warning. Assuming that Dunder Mifflin employs over 100 full-time employees overall and terminated more than 50 at this site, the company needed to comply with the notice requirements of the Worker Adjustment and Retraining Notification Act (WARN) and any New York-state counterpart. Damages under the federal WARN Act include lost wages (up to 60 days per employee), a civil penalty, and attorneys’ fees.