Office Scuttlebutt

Litigation value: $100,000

A new season of The Office is upon us!  Although Michael Scott is hardly a man for all seasons (and unlikely to be confused with Thomas More, or any other saint), in last night’s premiere he provided us with yet another object lesson on employment law.  This time the principle involved was employee privacy, or rather the lack thereof. In Michael’s zeal to shed his “third wheel” status, he set out to spread gossip about virtually everyone at Dunder Mifflin’s Scranton branch — other than himself, of course.  His rumors had nothing to do with company matters and everything to do with the personal lives of his staff members. For example, Michael would find it difficult to explain how the paper business has anything to do with Toby’s alleged virginity, Kelly’s supposed eating disorder, Creed’s asthmatic scuba diving, or the imaginary person inside of Kevin “working [him] with controls.”

The main focus of the rampant “scuttlebutt” was Stanley’s extra-marital relationship with a woman who had been his rehab nurse. Although an employee’s off-duty sexual conduct is a private matter, Michael saw fit to make himself “an equal part of it” — much as he did with Pam’s not-so-secret pregnancy. By disseminating such information to co-workers, Michael may have committed the tort of invasion of privacy.

If Stanley were to testify persuasively about his embarrassment and humiliation, we could expect a jury to tag Dunder Mifflin and its regional manager with a verdict of $100,000 (including punitive damages).  The truth of Michael’s disclosure would not shield him from liability, although he might be able to offset some of the award based on the damage Stanley did to his car toward the end of the episode.

So, what wisdom can employers glean from the season-six premiere?  In one of her few lines in last night’s episode, Phyllis sagely noted that “you should check your facts.” But no matter how accurate your information about a co-worker’s personal life is, think twice before sharing it with others (even if they have cheekbones like Dwight’s).  As Andy learned when telling Jim and Oscar about his “confused” man-crush on Brad Pitt, workplace banter is rarely “off the record.”  And, as Angela rhetorically asked, “How do you untell something?”  Obviously, you can’t.

 While some might agree with Michael that it’s “wonderful to be the center of attention,” it’s best if that attention doesn’t come on the witness stand in a courtroom.  As he himself would say, “That’s not cool.”

[hulu:http://www.hulu.com/embed/MbH5Sy04FJllK7ChQ-QhVQ]

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  Matt Rita