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Litigation Value $450,000 Overall, I’d say that Oscar has a good (read expensive) claim for sexual orientation discrimination and retaliation. Not only does Michael admittedly refer to employees as “faggy” when he means “lame,” but he specifically refers to Oscar, a gay employee, as “faggy.” Then, after Toby confidentially tells Michael that Oscar is gay, […]
Litigation Value: $500,000 If I were Kevin, I would start daydreaming about how to spend the windfall I will receive from the litigation lottery. Off the cuff, I’d guess that he has a great claim for damages after being forced to publicly disclose that he has anal fissures – especially if Dunder Mifflin later takes […]
LITIGATION VALUE: $800,000 If I represented Kelly, I think my opening statement would say something like this: Ladies and gentlemen of the jury, we are here today because Kelly Kapoor’s right to work in an environment free of discrimination was violated when her boss, Michael Scott, repeatedly made negative comments about her heritage culminating in an […]
There is a right way to announce a reduction in force to employees. Going around the office muttering phrases such as “do your work while you still can” or “it doesn’t matter, we’ll be gone in a few weeks anyway” under your breath isn’t it. In the real world, a company planning a RIF should […]
LITIGATION VALUE: $150,000 in defense costs — unless (and that is a big unless) the WARN Act applies. Call me crazy, but announcing “we’re screwed” is not the best way to tell employees that the Company is closing down its branch. Not only does it create turmoil among the employees, but it comes nowhere close […]
LITIGATION VALUE: $300,000+ Thank god for damage caps. No matter how well intentioned, throwing a “welcome back” party for your Mexican-American employee by decorating the break room with piñatas, paper sombreros and streamers in the colors of the Mexican flag is not a good idea. Ever. Under no set of circumstances. Sure, Michael (and the […]
LITIGATION VALUE: $500,000 I’d say that Martin (“the Convict”) Nash has a damn good race discrimination case. First his boss publicly humiliates him by announcing that he is a convict, and then, during the same speech, asks his co-workers to name trustworthy people so he can identify an African-American whom he trusts more. Who does […]
LITIGATION VALUE: $150,000 in defense costs — unless (and that is a big unless) the WARN Act applies. Call me crazy, but announcing “we’re screwed” is not the best way to tell employees that the company is closing down its branch. Not only does it create turmoil among the employees, but it comes nowhere close […]
LITIGATION VALUE: $350,000 My grandmother always said that the road to hell is paved with good intentions. I never knew exactly what she meant. Until now. Michael’s diversity training, well intentioned as it may have been, provides ample evidence of discriminatory bias against employees of Indian descent in general and of Kelly in particular. Indeed, […]
LITIGATION VALUE: Nominal An employer can do many things to assist employees in coping with grief, but requiring them to attend a bird funeral in the parking lot is not one of them. Also, as a general rule, regional managers shouldn’t be soft shoulders for their subordinates. Certainly, they shouldn’t have a meeting asking employees […]