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.

Todd Packer’s revenge

In last week’s episode, this blog’s all-time favorite character returned with gifts. And when I say “gifts,” I mean gifts for the writers of this blog; not so much for the Scranton branch. That’s right, Dunder Mifflin’s all-time leader in litigation liability for the company, Todd Packer, returned to the show for (what just has […]

It’s, Like, Dishonest

Litigation Value:  Dunder Mifflin faces potential FTC sanctions for Erin and Pete’s fake “like” marketing campaign on Facebook. “Customer Loyalty” aired back in January, and I highly recommend Kristin’s post questioning the validity of Dwight’s loyalty pledge.  I might add that such a pledge is probably not necessary considering that most states recognize in some […]

Blogumentary

NBC just seems to know when it’s my scheduled turn to blog reactions to The Office. Rather than face my intense scrutiny and the inevitable backlash from all of my loyal followers (i.e., my mom), the network punted, airing a full hour of Parks & Recreation instead. I was a few episodes behind anyway, so […]

Breaking up is hard to do

Litigation Value: David Wallace, get your metaphorical wallet out. You’ve got settlement checks to write for Erin ($2,500-$5,000 for sexual harassment and potentially a lot more for invasion of privacy), Pete ($5,000-$10,000 for sex discrimination and a touch of IIED), and Alice (the weakest claim, but still worth $1,000 or so for nuisance value). What […]

The Return of the Nard Dog

Litigation Value: $0. Though there is all sorts of questionable stuff going on, none of it should expose Dunder Mifflin itself to any claims or liability. In tonight’s episode, “Couples Discount,” no one really covers themselves in glory.  You’ve got The Office denizens seeking to goof off one last time before Andy returns, and pretending […]

Draw me a butt

Litigation Value: Frank can collect from Pam and Dwight the cost of cleaning paint off his truck. “Shouldn’t someone get fired for this?” That’s the question Pam asked while confronting the large orange butts that someone (Frank) spray-painted on her warehouse mural in “Vandalism,” the second of two new episodes tonight. Of course someone should get fired, […]

Fire in the hole

Litigation Value: Fire in the Hole prank = potential assault and battery charges for Dwight (not to mention the dry cleaning bill); Toby’s awkwardly affectionate overtures to Nellie = fodder for a potential hostile work environment claim against the Human Resources Manager; and using the Dunder Code to hunt for the fake holy grail = priceless.  […]

Dead fish

Seriously, where is Andy Bernard? I’m worried about him. And his relationship with Erin. And Pete too. I’m not sure what a Pennsylvania court might say, but under Iowa law, Andy could presumably fire Pete simply because his girlfriend is attracted to him. See Nelson v. Knight (Iowa 2012) (dentist’s wife forced dentist to fire […]

Not-so-nice lice

Litigation Value: Nada, but a close shave; it’s lucky Dwight is clumsy and didn’t manage to insecticide-bomb his co-workers. Whoa, Mama. It’s been a rocky start to the New Year for the staff of Dunder Mifflin’s Scranton office. With Jim working part-time and spending days on end in Philadelphia, Pam is struggling to cope with […]

Watch your back, Oscar

Litigation Value: $250,000 in attorneys’ fees and to settle Oscar’s claims–unless his guilt and his desire not to embarrass himself or out the Senator by disclosing their affair keeps him from making a big deal out of it. A holiday season rerun of “The Target,” first covered by my colleague Brian Kurtz a few weeks […]