The Envelope, Please

Litigation cost: $0 – $50,000

Even though NBC is taking a break from The Office this week, we aren’t. The latest webisode, “Blackmail,” may be short but it packs a potential punch for Dunder Mifflin.

Creed wreaks quiet havoc by gathering his colleagues’ best-kept secrets and using them to extort favors or a paltry $6 from each of them. Nonetheless, it’s blackmail. So far, even though Creed appears to be violating the law, Dunder Mifflin can probably skate by without liability since there is no indication that anyone in a supervisory position had reason to know or should have known about the nefarious plot unfolding in the workplace. And, Creed was not acting within the scope of his duties.

But wait — was that a green “blackmail” folder in Toby’s office? Perhaps a supervisor DID know that an employee was gathering information and threatening to expose his friends’ secrets to the world. That could be a problem. If Toby knew that an employee was perpetrating crimes against his coworkers and failed to remedy the situation, Dunder Mifflin could be on the hook for negligent infliction of emotional distress.

Even if Toby reasonably believed he was the only victim of Creed’s greedy crime, as soon as a group of employees reported Creed’s shenanigans, the company was on notice and responsible for investigating the situation and taking action if necessary. Failure to do so could cost them.

Tune in next week for another summer break update.

• 

  Troy Foster