Holiday Party Pitfalls

It’s that time of year again—time to don ugly sweaters and drink rum-filled egg nog while socializing with co-workers at the company holiday party. Before you provide the opportunity for employees and supervisors to "cut loose," a little preparation will go a long way to make sure your holiday party does not result in unwanted write-ups or trips to the HR department.   

Time to Party, Right?

Now that it is the end of the year, businesses want to celebrate a productive year and reward those who made it possible, often with a party for everyone to relax, cut loose, and have a good time. As always, throwing a large social event brings with it inherent risks.  People can sometimes imbibe too much alcohol, or forget about the company’s code of conduct, which can lead to an awkward conversation the following Monday at best, and a lawsuit and potential catastrophe at worst.

This holiday season, here are some ideas to consider implementing when planning that end of the year bash:

• "Not-so-Open" Bar:  an "open bar" invites the opportunity for overconsumption and potential headaches not just for the employee who had one too many, but for the employer as well.  Consider limiting the consumption by having a cash bar or drink tickets.  On this same note, consider beer and wine only instead of hard alcohol.
  

• Leave it to the Pro’s:  hiring professional bartenders to handle distribution of alcohol has its benefits—professionals have experience with requiring identification for those that do not look substantially over 21 years old as well as knowing when they should or should not serve someone that has already had enough to drink.  Also, having employees or supervisors serving alcohol can impute liability for overserving directly to the employer, and so this is a great way to add another layer of protection.
  

• Safety, Safety, Safety:  provide a taxi or other alternative driving service for people leaving the party.  If hosting employees at the home of a supervisor or employer, there is potential liability if a party-goer leaves the house drunk and gets behind the wheel. If hosting the event at a hotel or other venue, offer complimentary or discounted rooms so attendees can walk to their bed for the evening.
  

• Buddy System:  inviting a spouse or partner presents additional accountability to an employee’s behavior and potentially another sober (and hopefully safe) driver at the end of the night.
  

• Friendly Reminders:  although you want to encourage employees to enjoy themselves for a productive year, a friendly reminder that this is not a college fraternity party and violations of company policies or standards can result in disciplinary action.
  

• Sponsor One Event:  avoid any "after-parties," and supervisors especially should not be attending any of these events to avoid any connection of impropriety or misbehavior to the business.
  

• Consider Alternatives:  if you want to avoid a lot of the headache or hassle of a holiday party, consider an alternative such as donating what you would spend on a party to charity, and encourage employees to participate in the cause via a toy drive or gifts for families in need.  Or consider hosting a holiday luncheon at or near the office to reward employees in a fun environment without the risks of alcohol.
  

• Party "Appropriately":  it can send the wrong message if the business throws an extravagant, costly party followed by a round of layoffs starting January 1, or worse, just after a recent round of layoffs when morale may be taking a dip. Employees will wonder if the party was worth not having some of their co-workers around to enjoy it with.

Additional Holiday Concerns

Every employer wants to promote a welcoming and inclusive environment year-round in their workplace, especially during end of the year celebrations. In order to facilitate that environment, employers would do well to avoid religious ties to holiday parties. The easiest way to do so is in the name—"Holiday Party" rather than "Christmas Party," to avoid feeling those that do not share the same Christian ideals are not welcome. 

Keep in mind that not everyone shares the same beliefs and no one should feel left out or that they are appreciated less because of a different religion.  The party itself should be the focus of the get-together:  celebrating a productive year with those that were a part of it. By celebrating your employees, they feel appreciated and a part of the team.

If you have any questions about these topics, or how to survive the holidays "liability-free," please contact your Fisher & Phillips attorney or one of our attorneys in our California offices:

Irvine:                   949.851.2424

Los Angeles:        213.330.4500

San Diego:           858.597.9600

San Francisco:     415.490.9000

 

This article is provided by:

 

 

Colin P. Calvert

Attorney at Law

ccalvert@laborlawyers.com | O: (949) 798-2160

2050 Main Street | Suite 1000 | Irvine, CA 92614 

 

Christine Baran

Attorney at Law

cbaran@laborlawyers.com | O: (949) 798-2165

2050 Main Street | Suite 1000 | Irvine, CA 92614