Killjoy for April Foolers: The Legal Joke May Be on Your Company
Let the company beware. Attorney Philippe Weiss, managing director of Seyfarth Shaw at Work, told Corporate Counsel that he has seen office pranks lead to complaints, and sometimes even lawsuits.
March 29, 2018 at 05:21 PM
3 minute read
Just because April Fools' Day is on Sunday this year doesn't mean an office colleague won't prank you, either before, on or after the special day.
And going digital apparently makes pranking easier. A survey of more than 400 managers and employees by legal compliance company Seyfarth Shaw at Work, a subsidiary of the law firm Seyfarth Shaw, found that online and social media-related April Fools' jokes were the most common in the workplace.
According to one website, some popular tech pranks include changing Siri's language on a co-worker's smartphone to one the co-worker won't understand, like Arabic; setting a co-worker's Mac to go to sleep mid-day (select system preferences-energy saver-schedule); or installing the app Motion Fart on a co-worker's smartphone and turning the volume up, so every time the person moves, the phone dispels a loud sound of passing gas (fortunately odor-free).
For the less tech-minded (or more tasteful), remodeling a colleague's office ranked as the second most popular prank in the survey, while food-related jokes and automotive alterations followed.
Another website offers suggestions along those lines, such as filling the office or cubicle with fake rats or balloons; leaving a fresh box of filled donuts on a colleague's desk, but filled with mayonnaise; or encasing a co-worker's tool, such as a stapler or computer mouse, in Jell-O.
Attorney Philippe Weiss, managing director of Seyfarth Shaw at Work, told Corporate Counsel that people put a great deal of thought and energy into pranks. But he strongly recommends that general counsel tell company managers not to participate in or in any way offer tacit support for jokes on employees.
That's because Weiss has seen the complaints, and sometimes lawsuits, that can follow.
“Pranks inherently carry some level of risk,” Weiss said, “given that we can't be reasonably certain of what the result is going to be. Once the boss participates, the company is involved. And there is safety, legal and reputational risk once a manager is involved.”
He said most cases that lead clients to call his firm after the fact involve incidents where a manager played some role.
One case that Weiss recalled vividly concerned a 60-year-old employee who had just taken his annual physical exam. Colleagues forged a letter on his doctor's stationery, or a meticulous replica, saying his blood tests showed a rare and fatal blood disease. The employee was given only a short time to live.
The letter was delivered to the man's desk. After a few minutes of watching the man react to the news, his colleagues and boss jumped out and yelled “April Fools'.”
The employee sued the company for age discrimination and harassment in the workplace. While there were other incidents he also cited, “the letter would be front and center at any trial,” Weiss said. “The company knew it and settled right away.”
Weiss also said it's unwise for employees to prank their bosses, customers or office visitors.
And he offered a warning to would-be pranksters: Social media and virtual records can make jokes and their consequences immortal.
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