Tag: employees

Canada’s Top Court Signals Tougher Days Ahead on Accessibility

by Tara McPhail McCarthy Tetrault Canadian human rights laws require employers to accommodate employees and customers with disabilities up to a point. What point? The point at which the accommodation would constitute “undue hardship” on the employer. But what makes an undue hardship? A recent Supreme Court of Canada decision appears to set a high […]

Women’s Appreciation

LITIGATION VALUE: 1,000,000 + The “women’s appreciation” meeting was a bad idea that was poorly executed. I’m not saying that Dunder Mifflin cannot or should not recognize the achievements of its female employees. It should. I just think that the meeting shouldn’t be announced by saying “I know the crap out of women” and should […]

Product Recall Revisited

Remember when I said that being a jerk wasn’t illegal? Well, that may change. According to an article in the L.A. Times, legislatures in New Jersey, New York, Vermont and Washington are considering bills which would give employees the right to seek damages if their employer creates an “abusive work environment.” I’m not really sure […]

Cocktails Revisited

Litigation Value: $75,000 (I’m sticking with my earlier assessment) A number of people have asked me whether Jan could really be fired for dating Michael. My answer? Probably. Well, at least in most states. Employers can, and often do, implement policies prohibiting their employees from engaging in romantic relationships with co-workers and, certainly, with subordinates. […]

The Initiation Reprised

When I first saw this episode, I thought, surely initiation pranks don’t really occur at work. After all, adults know that the workplace is not an extension of their fraternity houses. I did some research. I was wrong. In one case, Los Angeles firefighters mixed dog food into the spaghetti dinner of a co-worker who […]

Branch Closing Revisited

“Branch Closing” exemplifies how there is a right way to notify employees that they are losing their jobs and a wrong way.  And, in case you were wondering,  wandering around the office muttering “do your work – while you still can” and “we’ll all be gone soon anyway” is definitely the wrong way.  That being said, […]

Beach Games

LITIGATION VALUE: $300,000+ Holding a Survivor-like contest to determine who will be recommended for a promotion to regional manager is not going to end well for Dunder Mifflin. At all. If the decision is challenged (which it almost certainly will be) then the company is going to be asked to articulate a legitimate nondiscriminatory reason […]

Women’s Appreciation

LITIGATION VALUE: 1,000,000 + The “women’s appreciation” meeting was a bad idea that was poorly executed. I’m not saying that Dunder Mifflin cannot or should not recognize the achievements of its female employees. It should. I just think that the meeting shouldn’t be announced by saying “I know the crap out of women” and should […]

Product Recall

LITIGATION VALUE: $45,000 Creed’s actions in setting up Debbie Brown to be fired for his mistake were not, in and of themselves, illegal. And, if Dunder Mifflin acted in good faith when it fired Debbie, then it probably didn’t do anything illegal either. At least not on the facts in this episode. Employees can be […]

Gay Witch Hunt

Litigation Value $450,000 Overall, I’d say that Oscar has a good (read expensive) claim for sexual orientation discrimination and retaliation. Not only does Michael admittedly refer to employees as “faggy” when he means “lame,” but he specifically refers to Oscar, a gay employee, as “faggy.” Then, after Toby confidentially tells Michael that Oscar is gay, […]