Category: That’s What She Said

A blog by the attorneys at the law firm of Ford & Harrison about the popular television series “The Office.” Each article takes a look at a different episode, and summarizes the employment law lessons for the week.

Branch Closing Revisited

“Branch Closing” exemplifies how there is a right way to notify employees that they are losing their jobs and a wrong way.  And, in case you were wondering,  wandering around the office muttering “do your work – while you still can” and “we’ll all be gone soon anyway” is definitely the wrong way.  That being said, […]

Diwali – Revisited

Tonight’s episode serves as a good example of team building exercises gone wrong. Very wrong. But, believe it or not, Michael’s efforts to enlighten his staff about Kelly’s Indian culture was not the worst example of “team building” I’ve ever seen. It was a close call, but the award for “worst team building exercise” belongs […]

Grief Counseling Revisited

Litigation Value: $3,000 – $ 5,000 (the amount that Dunder Mifflin will have to pay an attorney to write a brief supporting its motion to dismiss the case). The lesson from this episode is that, try as we might, there are some bad things that happen for which you can’t sue your employer. Or anyone […]

“The Coup” Revisited

Litigation Value: $65,000 (but could have been much more) Having Dwight stand on his desk with the word “liar” hanging from his neck is not what I would consider the most effective method of employee discipline. Nor was tricking him into believing that he got Michael fired. But, without more, Michael’s actions may not be […]

The Convention Reprised

Throwing a virtual rave in a company-sponsored hotel room complete with black lights and a full assortment of hard liquor, while at the same time seeking to secure business opportunities, is a recipe for disaster. Luckily for Dunder Mifflin, Michael was miserably unsuccessful in creating the bacchanalian setting he so desperately longed for. But other […]

Season Recap

Total Litigation Value: $6,635,500+ There is no doubt that the crew from Dunder Mifflin (primarily Michael) had some expensive snafus this season. In approximately 20 weeks, Michael managed to out a gay employee; announce his affair with a Vice President at the CFO’s party; invite a pervert dressed as Ben Franklin to an office party; […]

The Job

LITIGATION VALUE: $50,000 (with the potential for a whole lot more) So Creed has joined the millions of people blogging at (and about) work. I’d say that this could definitely cause trouble for Dunder Mifflin when Creed eventually learns how to post his musings on something more than a Microsoft Word document. Believe it or […]

Beach Games

LITIGATION VALUE: $300,000+ Holding a Survivor-like contest to determine who will be recommended for a promotion to regional manager is not going to end well for Dunder Mifflin. At all. If the decision is challenged (which it almost certainly will be) then the company is going to be asked to articulate a legitimate nondiscriminatory reason […]

Women’s Appreciation

LITIGATION VALUE: 1,000,000 + The “women’s appreciation” meeting was a bad idea that was poorly executed. I’m not saying that Dunder Mifflin cannot or should not recognize the achievements of its female employees. It should. I just think that the meeting shouldn’t be announced by saying “I know the crap out of women” and should […]

Product Recall

LITIGATION VALUE: $45,000 Creed’s actions in setting up Debbie Brown to be fired for his mistake were not, in and of themselves, illegal. And, if Dunder Mifflin acted in good faith when it fired Debbie, then it probably didn’t do anything illegal either. At least not on the facts in this episode. Employees can be […]