Jun 10
13
manpower office
In my humble opinion, NBC’s 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. Last night featured another doubleheader — two episodes, which means double the employment law fun.
EPISODE #1: “The Meeting.”
- Issue: Sexual Orientation Discrimination
Description: Michael singled out Oscar and asked him a series of ridiculously insensitive questions about his sexual orientation. While only some states ban that form of discrimination, Michael’s actions could potentially give Oscar an emotional distress claim in virtually any state.
Risk: $$$$ - Issue: Constructive Discharge
Description: In full view of everyone in the office, David and Jim excluded Michael from an obviously important meeting, thereby undercutting his authority. Michael could claim that this “dis-invitation,” coupled with David’s past attempts to work around him, constitute a constructive discharge.
Risk: $$ - Issue: Suicide Threat
Description: An obviously distraught Michael made a comment about blowing his brains out. The company did nothing in response. While Michael seemed to be joking, the company could face a potential negligence claim from Michael’s survivors if he harms himself.
Risk: $$ - Issue: Sexual Harassment/Gender Discrimination
Description: Michael offered to “escort” Pam to her desk, clearly making her uncomfortable. He then berated her for information about Jim’s meeting with David, making several ill-advised gender-specific remarks along the way. If Pam ever sues for sexual harassment/gender discrimination/emotional distress, she’ll have a complaint that’s at least 50,000 pages long.
Risk: $$$$ - Issue: Insubordination
Description: Despite being told several times by David that he wasn’t invited to the meeting, Michael repeatedly attempted to spy on the proceedings, pump others for information and then sneak in. He eventually succeeded by convincing Andy to hide him inside a makeshift cheese cart. Neither Michael nor Andy was disciplined for their actions.
Risk: $$ - Issue: Misrepresentation/Defamation
Description: Michael repeatedly lied to David about (among other things) Jim’s qualifications for a promotion. Michael also falsely accused Toby of being on drugs. Pam lied to Michael about the meeting. The company took no investigatory nor disciplinary action against Michael or Pam.
Risk: $$ - Issue: Investigation/Defamation/Invasion of Privacy
Description: Toby and Dwight engaged in a travesty of a mockery of a sham of an investigation into Darryl’s workers’ comp claim. Dwight repeatedly called Darryl a liar without sufficient facts. Dwight subjected himself and others to potential injury as he attempted to recreate the scene of the accident. While staking out Darryl’s house, Toby shouted obscenities at Darryl’s “little” sister. Letting Toby and/or Dwight investigate anything is a terrible idea and could expose the company to humongous liability.
Risk: $$$$$ - Issue: Workers’ Comp Fraud
Description: Darryl basically admitted that he lied about the source of his injury. Unfortunately, Dwight’s and Toby’s botched “investigation” could compromise the company’s ability to challenge Darryl’s claim.
Risk: $$ - Issue: Lack of Process
Description: David promoted Jim (and demoted Michael) to co-manager without any real process, opening up the company to potential discrimination claims.
Risk: $$$$ - Issue: Theft of Company Time
Description: Pam collected RSVPs to her wedding invite on company time. Almost no one did any discernible work of any kind.
Risk: $ - Issue: Primal Scream
Description: Dwight let out a blood-curdling bellow when he learned of Jim’s promotion, causing potential ear damage to everyone in the office (and, quite possibly, the TV viewing audience).
Risk: $ - Issue: Inappropriate Comments
Description: Once again, virtually every employee made an inappropriate remark. The primary culprits in this episode were Michael (too many to count), Andy (comment about flirting with his cousin), Meredith (comment about Pam’s body), Kelly (comments about Ryan, Jim and Pam) and Dwight (various racially insensitive comments). At this point, everyone could sue everyone and the company.
Risk: $$$$
EPISODE #2: “Murder”
- Issue: Workplace Violence
Description: The episode started with Dwight conducting a karate seminar for his co-workers. Besides multiple threats of violence, the seminar ended with Dwight self-inflicting an injury that likely would be covered by workers’ compensation due to the fact that it occurred during a work-sponsored event. Then, Michael forced everyone to play a murder mystery game called Belles, Bourbon and Bullets, which was filled with graphic depictions of violent acts. The episode ended with multiple employees portraying a rather bloody gun battle. If the company ever gets sued for anything remotely related to workplace violence, it will have no defense that it took adequate preventive steps.
Risk: $$$$ - Issue: How NOT to Manage a Crisis
Description: After word leaked that Dunder Mifflin could be facing bankruptcy, management completely bungled the communication. The company’s CFO issued a vague statement that only increased bad morale. Michael vomited, cranked sad music in his office and then decided to try to distract everyone from the truth by forcing everyone to play the murder mystery game.
Risk: $$$ - Issue: Unfair Labor Practice
Description: Dwight offered everyone jobs at his beet farm as “human scarecrows,” but told them they wouldn’t be allowed to unionize.
Risk: $$ - Issue: Sexual Harassment
Description: During the game, several employees made inappropriate comments of a sexual nature. Michael assigned himself the role of a “playboy” and then proceeded to “oogle” female employees. Andy spent the entire episode pursuing Erin. Although his conduct appeared to be welcomed by Erin (which shows galactically bad judgment), it could result in a claim later if the relationship eventually sours.
Risk: $$$$ - Issue: Theft of Company Time; Insubordination
Description: Despite Jim’s exhortations for everyone to actually do some work, no one did. Also, no one seemed to notice that Creed was several hours late for work (and then no one seemed to notice that he promptly left again).
Risk: $$ - Issue: Client Lawsuits
Description: The company’s web site doesn’t allow clients to distinguish between a zero and the letter “O,” which could lead to order discrepancies, disputes and lawsuits. The company’s decision to stop payments to vendors also could expose it to lawsuits.
Risk: $$$$ - Issue: Emotional Distress Class Action
Description: In the course of the game, multiple employees made fun of southerners, using horrifically bad southern accents. As a former Kentuckian, I suffered severe emotional distress. Please contact me if you’d like to join in a class action against the cast members.
Risk: $$ - Issue: Michael’s Journal
Description: Apparently, Michael’s journal has been placed in a time capsule to be opened at some unknown time. The future should not be exposed to his thoughts on life (plus it undoubtedly contains loads of statements that would make great exhibits in various employment lawsuits). Hopefully, it won’t be opened until all applicable statutes of limitations have run.
Risk: $$ - Issue: Perceived Disability
Description: Kevin’s perceived mental disability claim continues to grow. This week, Michael referred to him as “slow,” adding to similar comments from others in the past.
Risk: $$$$ - Issue: Animals in the Workplace
Description: Michael was allowed to bring hamsters into the office, which probably violated the employee handbook. If the company tries to prevent others from bringing in animals, it could face discrimination claims. Also, while cute, hamsters can bite and are known to carry rabies and other infectious diseases.
Risk: $$ - Issue: Religious Discrimination
Description: Angela may have a religious discrimination claim based on her complaint about being forced to play a voodoo practitioner during the game.
Risk: $$ - Issue: Invasion of Privacy; Breach of Confidentiality
Description: Michael suggested to the CFO’s secretary that she “spy” on the CFO. Not a good idea.
Risk: $$ - Issue: Various Other Inappropriate Comments/Actions
Description: Once again, virtually every employee said or did something inappropriate. At this point, virtually every employee could sue the company for something and win.
Risk: $$$$$$$$$
OFFICIAL “ARE YOU SMARTER THAN A LAWYER?” CONTEST: Anyone who leaves a comment below or sends an e-mail to blawg@manpower.com identifying an employment law issue that I missed will win a valuable prize. If you didn’t get a chance to see the episode, you can view it on NBC’s official web site here.
As always, thanks for your participation!
New or old dog Degree – Find the best job at an employment agency
It can be very scary to start a job hunt, especially during the current economic slowdown. So many job seekers face of the process with a mixture of anticipation and fear. Anticipation as the next job, what dreams may come true, and anxiety due to demolition process of really good always, that his work well. After all, the current job market in favor of employers, and may use any number of qualifications required for the Position listare advertisements. As if that was not enough for hunting is a job that same process takes time. Looking for jobs in newspapers and online, post resumes and application materials and interviews, seems to take forever. It takes less time to use a portal to great job, but as you can get as personal? The curriculum includes a stack of a million other HP desktop for the employer.
What Every job hunter needs only someone who knows how to selltheir capacity and comparison with the best opportunities that employers have set for their skills. It is here that the big recruitment agencies, the agencies are in, the assumption is to cover a wide range of areas such as Monster and Manpower UK United Kingdom, all of the labor market. Most ads are seeking employment agencies to meet the Messenger of recruitment. There is also based niche recruitment agencies who specialize in this area and a recruit specifically for them, such as finance,Education and hi-tech. niche agencies are top employer (University of marketing) ITJobVacancies (IT and computer) and Aqent (Marketing and Sales). Com for the IT industry.
If you're not sure what you're American, it's best agencies to start with the Directorate General for Employment and recruitment. The overall best recruit in the United Kingdom are among the UK Monster, Manpower UK, and research. Each agency has its pros and cons, and can satisfy different types of jobsSeekers.
hunters who employ full control over job search, as is ideal for Monster UK. Monster website is easy to use and gives workers the driver's seat. You can search jobs, create your page that shows your strengths, employers will see when searching the database for potential candidates who can say the employer can find. Monster Germany offers a unique way for candidates and employers. On the down side, is completely Monster UKOnline based. There is no personal relationship with a recruiter who knows you very well and can help you, the perfect game.
Italy Manpower is of course part of the global Manpower Reich, one of the leading names in the general attitude almost everywhere. It promotes a variety of areas from staging for the design and construction. From Manpower Office of the United Kingdom are based, has met with candidates and creates a personal relationship with a recruitmentConsultant. Maybe sell the best in Manpower arsenal is its excellent reputation among employers because they get very long-term contracts with some of the best companies in the UK. The biggest disadvantage of an organization like this is that there is a real personal touch. focus of the company is very general and it is easy to get lost in the confusion.
Research is an agency that attempts to mix the world online and offline experience. Search found 11Offices throughout the United Kingdom, and a specialist Recruiter well designed website that allows job seekers to find work online and contact a consultant for the specialty, which may vary from Scientific Admin. Search also offers a service called the Job Mail work great for lazy hunter. All current job openings that meet the criteria are sent directly to your e-mail. The self-driven person looking for work benefits more from this agency, but also personalSupport when necessary.
The non-specific employment agencies are not always the best job ever in some areas, however. Over the past two decades, the role of industry in developed and fragmented areas and specialties. The skills and personality to the IT industry and computers are probably not the same as those required by the fashion industry. In recent years, niche Recruitment flowery address the issue. The growth of hi-tech sector has beenlarge propeller for niche products, services personnel, as well as other agencies niche for everything, from the sale of public and government positions.
Perhaps the most complete of all the niche is the niche of graduates. To set new graduates, graduate recruitment should cover a wide range of industries, but focus on the degree or entry-level positions. New graduates hunting process can be completely intimidated by the work. People who were in alabor market for years have the skills and common sense to survive the job search, and get less nervous graduates. Graduates who are fresh for sure the university environment, often look naive about their first job. It 's easy for a new study to completely replace all the options out there to be overwhelmed. Top Employers, for example, concentrate their efforts on finding graduates the job before, and a website user-friendly.
A good recruitment agency can help youa good job if you have a job hunter or novice hunters best job out there. Remember, not lazy, but. Be involved and engaged in hunting for jobs can not be underestimated. No Recruiter knows you better than yourself, the more you are involved in research, the more likely you will find the ideal place.
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