Litigation Value: < $10,000 to settle the claims from Kevin’s inappropriate behavior; $50,000 in attorneys’ fees to deal with the ICE investigation for hiring an undocumented worker; potential untold damages for negligent hiring and retention if the friendly former surgeon later hurts someone like he did at his last employer.
This week, Oscar wants to spend more time with Matt from the warehouse so he convinces Darryl that they should organize a happy hour for the warehouse and office staff. Everyone attends and most of the rest of the episode occurs at the bar/arcade where the happy hour takes place and Date Mike makes an appearance. Whether Dunder Mifflin (or ultimately Sabre) would be liable for the antics at the bar would largely depend on whether the happy hour was a company-sponsored event. Given the way it was organized and that Darryl and Michael attended, it could be company-sponsored.
Kevin was in rare form tonight and provided Andy, Erin, and Pam with potential claims for sexual harassment. First, Kevin made inappropriate hand gestures to let Andy and Erin know that he knows they are dating. Then, Kevin pretended to cry at Pam’s breasts to try to make her lactate. Kevin was excited when Kelly actually did cry and made Pam lactate. Although these single incidents aren’t severe enough by themselves to support sexual harassment lawsuits, they could create a lot of paperwork for Toby and could lead to a lawsuit if Kevin does not stop.
Also during happy hour, Dwight tried to dissolve his baby contract with Angela when his taller bridesmaid friend reappeared. Angela is now furious. She is threatening to take him to small claims court. This could become a workplace issue very quickly. Does anyone else think it’s fun to watch Angela angry? I liked when Isabelle whacked Angela on the head like a mole.
The final scene of the episode made me scratch my head. Did Darryl hire an undocumented worker that he knew had intentionally killed his former boss? What was the point of that scene? If I heard that story correctly, then Dunder Mifflin (and Sabre) will have significant issues with the federal government if it is discovered that they knowingly hired an undocumented worker. If this worker later does something to a coworker like he did to his former boss, Dunder Mifflin and Sabre will face potential negligent hiring and negligent retention claims. When an employer hires someone or retains an employee knowing that the employee has committed a violent or harassing act in the past, the employer can face negligent hiring or negligent retention claims for placing the company’s employees in danger. Let’s hope this employee stays content with Dunder Mifflin and Darryl!
[hulu:http://www.hulu.com/embed/HalEHuXST58OX8myQ8SY_w/1246/1287/i1284]
“The Office” needs to get its writing back on track. They’re losing a lot of comedy these days.
I may have misunderstood, but in the scene where Darryl and Oscar were talking at the bar, I believe they were inferring that no one could really understand the new guy.
The undocumented worker/former heart surgeon did not kill his former boss, it was a Yakuza boss. The Yakuza is the Japanese mafia.
It sounds like he intentionally did a bad surgery to off the mafia boss.
I’m not sure this changes your analysis but it does clarify something.
Just a small nitpick: the surgeon did not kill HIS boss, he killed a “yakuza boss.” The Yakuza is the equivalent of the mafia in Japan.
Thanks for the clarification. I don’t feel too bad that I don’t know about the Japanese mafia. This doesn’t really change my analysis, if anything, I think it makes the negligent hiring/retention claim stronger. This employee could have an angry mafia after him and he is willing to kill. The Japanese mafia coming to Dunder Mifflin would make an interesting episode or just having Michael believe that the mafia is coming would be entertaining (like the insurance agent episode).
I agree that the office has lost its way a bit.
Being in HR myself, I have every confidence that our intrepid HR hero Toby would have dutifully preformed his job and gotten a proper Form I-9 on the former heart surgeon. Just because someone immigrated to our country doesn’t make them, necessarily, an illegal alien. He may have been a heart surgeon in Japan but does not have the US equivalent education to practice medicine here, hence his job working in the warehouse (possibly while he pursues the requirements necessary to obtain a medical license in the state of Pennsylvania).
I also have every confidence in Toby… when he has the power to act. A lot of HR problems occur at Dunder Mifflin that Toby can’t control – the poor guy is the only one trying to maintain any control in that office. If Toby could prevent all of the illegal antics in that office, then we wouldn’t have anything to write about on this blog!
I also want to clarify that I certainly did not mean to say that this employee was illegal simply because he immigrated to this country. Our firm helps plenty of people immigrate legally for work. My question as to whether the show was trying to say he was an undocumented worker was based on the employee’s statement that he “hid” in a fishing boat to get to the United States (see the clip above). Based on the fact that he was fleeing Japan hiding in a fishing boat, I questioned whether they show was actually trying to say that Darryl hired an undocumented worker. It was very random and seems unreal given that (as you point out) Toby would have wanted the proper I-9 documentation. Nevertheless, it provided a potential legal issue to discuss in the blog.