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.

Cheer or fear

Litigation value: $0.00 for a drunk, passed out (and likely concussed) Daryl, but Jim has a cause of action for battery against Belsnickel. My colleague, Doug Hall, wrote about the “Dwight Christmas” episode three weeks ago when it first aired.  I agree with him that employers need to be careful with their holiday social events to minimize potential […]

Rocking around The Office tree

Litigation Value: the cost of a new iPod for your office Secret Santa = considerably less now than in Season 2 (depending on the model); potential liability for Scranton holiday antics over the last nine seasons = an obscene amount; the countless hilarious and heart-warming moments of The Office Christmas episodes = priceless. As we are […]

Die Hard … with a Christmas vengeance

Litigation Value: $50,000 or so, depending on how much harm comes out of an essentially unsupervised holiday party It is the annual Christmas episode of The Office, and it’s bittersweet as Jim and Pam talk about how this will be the last Christmas party for the both of them at Dunder Mifflin Scranton–much like it […]

Conspiracy theory

Potential Liability: Angela and Trevor are going to jail. Dwight too? Not even Rainn Wilson’s recent video could keep us from watching this week’s episode, “The Target,” which featured a murder-for-hire plot, a giant comment-card pyramid, and Dwight’s pixelated genitalia. Yikes, indeed. Angela has discovered that her husband, The Senator, is having an affair with Oscar. She does not react well and […]

No woman, no cry

Litigation Value: Dwight’s sexual and sexist comments regarding women = additional fodder for a hostile work environment claim (not to mention Clark’s potential claims); Jim taking calls about starting a different company on Dunder Mifflin time = a potential breach of the duty of loyalty; taking another trip to crazy town with Jan = priceless. With David […]

The Boat – Let’s finish the season before it sinks…

Although last night’s episode focused more on the personal side of the characters’ lives rather than the professional, it’s always the personal stuff that leads to the really juicy legal issues. Last night, Andy emerged as the leader of his family in dealing with the aftermath of the family’s ongoing financial crisis. Dwight took the […]

Crazy About Nellie

Litigation value: $0.00 provided Dwight reins in his hostility to Nellie’s anxiety meds. Amidst the costumes, bad investments, and a cappella singers (OMG COLBERT!!!!!), this week’s episode — Here Comes Treble — reminds us that harassment on the basis of disability is just as verboten in the workplace as sex- or race-based harassment. Dwight found a little yellow […]

Don’t research and drive – “Andy’s Ancestry”

Andy and Nellie’s feud continued in last night’s episode (“Andy’s Ancestry”) and Nellie’s revenge strategy was actually kind of funny. In response to Andy’s directive to research his (and eventually everyone else’s) ancestry, Nellie made up various historical figures that were supposedly related to the staff members. Andy was initially excited to learn about his shared […]

What NOT to wear to an interview

Litigation value: $0.00, but only because Pete has a conscience and Daryl is a cinephile. In last week’s season premier, new guy Pete was compared to Jim, while other new guy Clark was compared to Dwight. I’m all good with the former comparison, but the latter is waaaay off. Dwight beds his women using blunt […]

Three Dwight Circus

Litigation Value: Andy’s vocal hatred for Nelly = fodder for her brewing constructive discharge and breach of contract case; New versus Old Dwight dynamic = possible future age discrimination issues; watching Old Dwight’s jealous alter ego attempt a terrifying stunt in the parking lot to put New Dwight in his place = priceless. The Office […]