Litigation Value: $50,000
The last time we wrote about the Crime Aid episode of The Office, we advised that Dunder Mifflin might not be on the hook for any potential judgments for anything that happened in this episode. But on further review, I’m not so sure that was right. It’s entirely possible that a jury could find Dunder Mifflin responsible for Dwight Schrute’s continued antics that culminated this week with him letting the air out of her tires (completely unnecessary and the funniest part of the episode).
After all, Dwight is part of management, and it’s not like this was the first time (or second time, or third time…) when his conduct has been grossly out of line. Plus, it’s one thing to put a garbage bag over Meredith’s head and assault her -– Meredith isn’t a sympathetic victim. When you start messing with Phyllis, you might upset a jury. And Bob Vance.
The key here is that Dunder Mifflin was on notice that Dwight was causing problems. Once an employer is on notice of something like that, it can be held liable for the acts of its employee via a negligent retention or negligent supervision claim. A claim like that is a little easier to prove if, say, your branch manager is doing things like leaving the building unlocked, leading to a robbery, all because he was making out with the HR professional.
What Dunder Mifflin should have done was discipline Dwight and make sure that he didn’t assault any more employees. Turning a blind eye to his antics over all these years might cost Dunder Mifflin, if not now, then probably sometime soon. Maybe next week, when new episodes return!
Wow, I don’t know if this is a test to see if we watched the episode or a test to see if people are reading this blog.
First of all, Dwight was slapped by Phyllis and did not slap anyone in this episode.
He did slash her tires though and could be on the hook for that.
Second, Dwight is not officially management. He likes to think he is management, but he is officially just another schlub from sales holding no more authority than Phyllis or Stanley.
I admit I don’t pay that much attention to reruns, but these are some pretty egregious oversights.
My memory failed me – it was Phyllis who slapped Dwight. Still, Dwight letting the air out of her tires is probably sufficient for Phyllis to make a claim. There’s no question that Dunder Mifflin had reason to know that Dwight might injure people or property given his history of conduct.
And yes, while Dwight’s not officially a part of management, Michael has acknowledged his supervisory role on several occasions. And for purposes of a claim for negligent supervision, Dwight’s status, official or unofficial, isn’t a big issue. The issue is whether Dunder Mifflin was unreasonable in controlling the actions of its employee. Even though I love watching Dwight, I think the company has problems with that.
Dear Troy:
I just found this blog while doing some research on moonlighting policies. As an employment lawyer and obsessive fan of the show, you are officially my hero.
Cheers,
J