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     Wednesday, March 17, 2010 - Updated 10:15am CST    
That's what she said  Employment Law Post    

Troy Foster

The Envelope, Please

June 4, 2009 at 9:00 pm by: Troy Foster

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.

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3 Responses to “The Envelope, Please”

  1. Joe Says:

    Creed is the strangest, creepiest character I think I’ve ever seen on television. It’s kind of awesome how weird and random he is.

  2. ACU Frank Says:

    There is a great YouTube video of Creed playing with The Grass Roots on the old Jimmy Durante Show - I think the song is Live For Today. When he looks at the camera - 40 years ago, mind you - it sends chills down your spine. I can’t get to it here, or else I would post a link. :(

    A “Grass Roots Jimmy Durante” search should hit it, though.

  3. Brad Forrister Says:

    Here’s the clip:

    http://www.youtube.com/watch?v=hnFZsrs32Co

    At this age, Creed bears an eerie resemblance to Dwight Shrute. See clip at about 1:48

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