Here's an oldie, but a goodie, so I dusted it off as a friendly reminder . . . .
One of the most memorable scenes in Dickens' A Christmas Carol is the joy Scrooge received from his first employer's annual holiday party. "The happiness he gave to his clerks, his apprentices and everybody who knew him; it was as great as if it had cost a fortune." Indeed, an employer's annual holiday party is one of the most important morale boosting events of the year no matter the size of the company.
Unfortunately, in this litigious and sometimes reckless society, holiday parties also can create unintended hangovers for management and innocent bystanders if proper care is not taken to ensure that all guests enjoy themselves safely both during and after the party. A mix of holiday spirits from both the season and a bottle of vodka have the potential to create a painfully "memorable" evening that could be litigated for years:
- Someone slips and falls at the mandatory holiday party where annual awards and bonuses are distributed.
- An intoxicated supervisor attempts to show his "appreciation" to a subordinate through both verbal and physical "affection" on the dance floor.
- An intoxicated employee drives home from the office party and injures the occupants of another vehicle.
Numerous Ohio courts have refused to impose liability upon employers – or other social hosts -- for injuries caused by intoxicated employees returning home from a party or other social outing, including golf outings, company picnics or other voluntary social function. The driver, and not the host, is primarily responsible for his or her own conduct. At worst, liability would be imposed on a social host employer "only where the host knew that the person to whom the liquor was furnished would consume it and either was, or would become, intoxicated and would probably act in such a manner while intoxicated as to create an unreasonable risk of harm to third persons." Baird v. Roach, Inc. (1983), 11 Ohio App.3d 16. However, those cases have frequently rested on their individual facts, where the defendant employers took extraordinary
steps to keep employees from driving home drunk after voluntarily attending an office party or were unaware that intoxicated employees were driving home. Therefore, a prudent employer would take all foreseeable steps to ensure that its employees do not drive drunk after the annual holiday party.
In order to avoid turning your festive event into the subject of a lawsuit, you should consider incorporating the following suggestions into your office celebration:
- Remove any argument that attending the party is a duty of an employee.
®Make attendance at the party completely voluntary.
® Hold the party after regular working hours and maybe even off the premises.
®Do not conduct any business (like handing out bonuses or awards) at the party.
- Take steps to discourage boorish behavior by possible harassers:
®Remind employees before the party that the sexual harassment policy applies during the party and to any gag gifts that are exchanged.
®Invite spouses and significant others to the event. This will be appreciated by the spouses and has the added effect of deterring most boorish behavior towards staff by potential harassers.
- Discourage the over-consumption of alcohol:
®Reconsider providing an open bar with limitless alcohol. Consider a cash bar, a limited voucher system or closing the open bar earlier in the evening.
®Ensure that non-alcoholic beverages are available.
® Hire a caterer to serve the alcohol (instead of self-serve) and instruct the bartenders to refuse service to anyone who is visibly intoxicated.
®Ensure that food is served at the party – particularly foods rich in carbohydrates and protein. Avoid salty or greasy food that will make guests thirstier.
®Provide employees with tips for responsible drinking before the party. This could include reminders about how much alcohol it takes over an hour before an employee is too drunk to drive, to drink a glass of water between each alcoholic beverage, and to eat enough food both before and during the party.
- Discourage anyone from driving under the influence:
® Ensure that alternative transportation (such as a taxi) is available for intoxicated guests. Providing free vouchers for cabs is the sign of a classy and caring employer.
®Assign someone to keep an eye out for visibly intoxicated guests leaving the party with car keys in hand.
® Encourage employees to keep an eye out for intoxicated co-workers who may not realize that they have had too much to drink.
®Review the company's insurance policy to determine coverage for furnishing alcohol both on and off the company's "insured premises."
NOTICE: This summary is designed merely to inform and alert you of recent legal developments. It does not constitute legal advice and does not apply to any particular situation because different facts could lead to different results. Information here can change or be amended without notice. Readers should not act upon this information without legal advice. If you have any questions about anything you have read, you should consult with or retain an employment attorney.
