This is the biggest season for parties and the one that the most lawsuits arise from. I ran across an article this morning in "Law 360" that offers some pretty good ideas for preventing your holiday fun from turning into legal grief. Below is an abbreviated portion of the article.
Here are five tips that employment
attorneys say can help keep a lawsuit from crashing your soiree.
Keep
Alcohol Consumption Down
Most of the legal problems that come
out of holiday parties start when an employee has had one too many, lawyers
say.
The most cautious employers will choose
to cut alcohol out of their holiday bashes entirely, but those that do choose
to make booze available during their parties should take precautions to cut
down on their legal risks.
An open bar can spell disaster, so
lawyers recommend setting up a cash bar or giving employees a limited number of
drink tickets.
Pick
the Right Time and Location
The time and place of the party will go
a long way toward setting the tone, and attorneys say picking the right ones
can help cut back on excessive drinking and other inappropriate behaviors.
A daytime event is far less likely to
be perceived as a bacchanalia where employees are free to lose control.
"One thing employers can do is
have an afternoon event rather than an evening event," Billows said.
"It can help with overindulgence and help keep concerns about behavior in
check."
"The time of the week can also
make a difference," she said, explaining that parties on weekdays are
likely to get less rowdy than weekend events. "It can have an affect when
people know they have to work the next day."
Don't
Make it Mandatory
While an employer might want everyone
to join in on the fun, it's important to make attendance totally voluntary,
lawyers say.
Making attendance mandatory sets the
employer up for a host of potential legal pitfalls, from wage-and-hour
questions to workers' compensation issues if an employee gets hurt at the
party.
Ask
Managers to Watch for Trouble
No one wants to be the party police,
but in order to head off potential problems before they boil over into lawsuit
fodder, it's best to designate some managers to monitor behavior, lawyers say.
"As a preventive thing, I would
say have some managers or supervisors who are going to be at the party that you
have talked to in advance and said, 'Hey, if you see something inappropriate we
would like you to speak up,'" Michael Kramer of Ogletree Deakins Nash
Smoak & Stewart PC said.
These managers should be briefed in
advance on steering employees away from situations that could be construed as
harassment or from exchanges that look like they are becoming too heated.
Remind
Employees that Workplace Rules Still Apply
Attorneys say that even though no
employer wants to feel like a Grinch, it is worth reminding your employees that
even at a party, professional standards apply.
Employees should be told that the
company's anti-harassment policies, dress code and conduct rules will all be in
effect during the shindig, lawyers say.
"One thing the employer can do is
send an email around in advance of the party encouraging people to have a good
time but also reminding people of the company harassment policy," Kramer
said.
"I would say something like: Have
a great time and enjoy each others' company, but let's avoid any
career-altering behavior," he said. "To me, that's being a little
humorous and not too heavy handed, but it is a subtle reminder that if you
screw this up, you may not be working here any more."
You can read more at http://www.law360.com/employment/articles/491022/5-tips-to-keep-your-holiday-party-merry-and-lawsuit-free
These are some really good ideas if you are going to throw a company or even a private party during the up and coming holiday season. I really do not want to loose any of my readers to over use of alcohol or worse yet bad decisions. ;o)
