Employment law attorney Troy Foster reflects on the “Stress Relief” episode of The Office and reminds employers that while reruns may work in prime time, letting workplace problems reoccur is dangerous.
Litigation Value: $615,000 and rising . . .
Haven’t we been down this road before? The “Stress Relief” episode of The Office just keeps on giving –- litigation opportunities, that is. Last time the episode aired, we identified three big ticket claims, including Stanley’s work-induced heart attack and subsequent (mis)treatment, as well as two hostile work environment claims. Those all still stand.
But it’s rerun season, which drives home the point that employment issues can recur time and time again if they aren’t swiftly and thoroughly addressed. When an underlying situation goes unchecked, it is likely to keep popping up, making the workplace something akin to a Groundhog Day experience without the laughs.
Failing to address inappropriate behavior can strengthen claims of employer negligence or complicity and may permit a hostile work environment to develop. Often, an isolated incident or a few stray remarks are not legally actionable, but a pattern of inappropriate behavior can lead to litigation. The more pervasive and severe the behavior at issue, the greater potential litigation costs may be. More immediately, festering situations can devastate employee morale and productivity.
The Office teaches us how not addressing repetitive problems can really lead to big issues: The relationships between Kelly and Ryan, Dwight and Angela, and sometimes Michael and Holly are just disasters waiting to happen. Dwight, well Dwight is Dwight; unchecked, as he remains, makes the show funny –- but he could explode at any moment –- and Dunder Mifflin will pay. Meredith’s meaty favors, Michael’s “trainings” on ethnic sensitivity . . . the list goes on and on.
The best prevention against recurring employment issues is to ensure that company policies are well-written and universally distributed. Offer training to employees on appropriate workplace conduct, and sponsor your own rerun season. Make yours less memorable than Dunder Mifflin’s.
