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“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, […]
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 […]
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 […]
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 […]
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 […]