Weekly Office Analysis and Contest
In my humble opinion The Office is the world’s #1 employment law training aid. All you have to do is (1) watch it and (2) do the exact opposite of everything you see.
To help enhance your viewing experience, each week I provide a critique of the action from an employment lawyer’s perspective. We also conduct a weekly “Are You Smarter Than a Lawyer?” Contest. Anyone who leaves a comment below identifying a legal issue that I missed will win a valuable prize.
Last Night’s Episode: WUPHF.com
The Plot: Here’s NBC’s official description – Michael helps charm people into investing in Ryan’s internet company; Dwight creates a hay festival; Jim finds a restrictive company policy.
My Analysis:
- Issue: Workplace Safety
Description: Michael caused a blackout by plugging way too many devices into an outlet in his office. The company clearly has no real emergency response plan, other than Dwight shouting scary nonsense whenever bad things happen. Speaking of Dwight, he arguably created a public nuisance by inviting children onto the premises to visit his “Hay Place.” Among other things, he exposed the company to serious liability by giving “hay rides” in the back of a Dunder Mifflin delivery truck.
Risk: $$$$$ - Issue: Computer Security
Description: When the company’s server went down, at first no one was able to remember the password. Then, once it was discovered, it was basically announced to all the employees. (The fact that it contained an obscenity didn’t help matters.) Obviously, the company needs to revamp its security policies and to have passwords protected and discoverable only by those with a clear need to know.
Risk: $$$ - Issue: Theft of Company Time
Description: Once again, virtually none of the employees did any discernible work. Dwight operated the Hay Place amusement center during work hours. Ryan, Michael and others spent virtually the entire episode shilling Ryan’s internet company, WUPHF.com. Jim flat-out refused to sell anything after he discovered that his incentive plan had already been maxed out for the year. He spent the majority of the workday distracting others and making fart noises. Meredith spent the day playing solitaire on her computer.
Risk: $$$ - Issue: Solicitiation/Conflict of Interest/Misrepresentation/Fraud/RICO
Description: Michael helped Ryan aggressively market WUPHF.com to all the employees in the office. In addition to violating the company’s anti-solicitation policy, the fact that Michael is the majority shareholder in WUPHF.com creates a clear conflict of interest. Many of Michael’s and Ryan’s representations about the company were demonstrably false. If investors lose money, Michael, Dunder Mifflin and Sabre all could face class action lawsuits and/or conspiracy charges, given Michael’s active involvement in the enterprise. It also appears that Kelly could have a claim against Ryan, Michael and others for stealing her idea for WUPHF.com.
Risk: $$$$$ - Issue: Criminally Bad HR
Description: The company’s incentive cap policy is highly de-motivating and needs to be changed. When Jim presented the inequities to Gabe, Gabe defended it by equating it with his health club’s policy of allowing elderly men to walk around naked in the locker room. Gabe’s advice to Jim? ”Think of your commission cap as a naked old man in the locker room.” I used to think that Toby was the worst HR “professional” in American history. He has now been surpassed by Gabe.
Risk: $$$$ - Issue: Emotional Distress
Description: Kevin appeared to suffer a high degree of emotional distress and physical discomfort when he was unable to find the way out of Dwight’s hay maze.
Risk: $$$ - Issue: Breach of Contract
Description: Both Dwight and Angela appeared to breach their respective “birthing contract” obligations. Indeed, Angela posted a copy of the contract with a giant “VOID” stamp on it, indicating her clear intent to set the whole thing aside. They both also made various highly inappropriate sex-related comments.
Risk: $$ - Issue: Workplace Violence/Assault
Description: Darryl arguably assaulted Ryan when he grabbed him and forced him to discuss WUPHF.com with Andy, Pam and others. The company’s continued refusal to address violent workplace acts could lead to significant liability if anyone is ever seriously injured.
Risk: $$$$ - Issue: Copyright/Trademark Infringement
Description: As Dwight appeared to admit, his “Hay Place” potentially violates the copyright/trademark rights of similarly named operations. Dwight’s competitors could potentially force him to disgorge any and all profits. Given the fact that it was operated during work hours with the full knowledge of Dunder Mifflin management, DM could be on the hook as well.
Risk: $$$ - Issue: Contract Negotiation By Non-lawyers
Description: Jim appeared to draft and negotiate a sales contract without any involvement by Legal. The company could be bound by lots of adverse terms. DM should promptly implement (and enforce) a contract review process.
Risk: $$$ - Issue: Inappropriate Comments
Description: Virtually every employee made an inappropriate comment of some sort. The main culprit this week was — of course — Michael (comments about religion, sex, obesity and a variety of other things no one should ever say in the workplace).
Risk: $$$$
19th November 2010
