8 ms·
IIRC, Jan didn’t threaten to fire them. She simply asserted that unionization would cause them they would lose their jobs because Dunder Mifflin would close dow
by jaredklewis 7y ago
IIRC, Jan didn’t threaten to fire them. She simply asserted that unionization would cause them they would lose their jobs because Dunder Mifflin would close down the branch if the workers unionized, as apparently had happened at another branch.
So not advocating that we use The Office (a sitcom) as a reference for American labor law, but I think Jan’s statements might be permissible. As long as her reasoning is that the increased cost of the workers being in a union will lead to the branch closing, not that the branch would be closed in retaliation, it would be fine.
Companies can and often do complain that if workers are in a union, the company’s operating costs will increase, which will consequently have adverse effects on the workers like layoffs, plant closings and so on.
To be clear, this is my understanding of legal issues in a sitcom. I am not necessarily advocating Jan’s point of view, our labor laws as they stand, or anything else.
- paulddraper 7y agoThat's a pretty fine line to draw: "Due to increased costs (read: unions), we're reducing/eliminating employment." "Due to decreased productivity (read: FMLA), we're reducing/eliminating employment." I guess it works. I don't really understand this stuff.
- cbanek 7y ago"You don't look like us" - Illegal. "We don't think you fit in with our culture" - Legal. I think this is why any crime where the intention is part of it is so hard to prove, like discrimination, hate crimes, etc.
- DoreenMichele 7y agoAs someone who worked in insurance, legal decisions seem to live and die by fine distinctions. The difference between a payable claim and an unpayable claim could be a single word. As they say: The devil is in the details.
- lozenge 7y agoClosing an entire office/branch for unionizing - legal. Firing the individuals who are trying to start the union - illegal.