An increasing number of states require employers to exercise reasonable care to prevent injuries by intoxicated employees leaving holiday parties. To minimize the risk of liability an employer should do the following:
- Use professional bartenders, and instruct them not to serve anyone who appears intoxicated.
- Distribute drink tickets to limit the number of free drinks.
- Serve lots of free food to soak up the alcohol.
- Ask trusted managers and supervisors to be on the look-out for people who have had too much to drink and unable to drive or need assistance getting home.
- Pay for cabs to take impaired employees and guests home or offer designated drivers.
Socializing, alcohol, and mistletoe combine to create an environment that can lead to sexual harassment or fighting. Just because it’s a holiday party doesn’t mean you can’t be liable for what happens as an employer. Employee lawsuits can result from voluntary events held outside the office and outside normal work hours.
- Remind employees about your harassment policies before the party.
- If your business does not have an anti-harassment policy, get one! Have it reviewed by an attorney. Click here for a model policy developed by NFIB.
- Don’t hang mistletoe.
- Ask trusted managers and supervisors to intervene and stop in any fighting or inappropriate conduct they witness.
- Finally, make sure that all employees understand that a holiday party is a work-related activity, and that rules for appropriate work behavior still apply.
NFIB is the nation’s leading small business association, with offices in Washington, D.C. and all 50 state capitals. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB gives small and independent business owners a voice in shaping the public policy issues that affect their business. NFIB’s powerful network of grassroots activists send their views directly to state and federal lawmakers through our unique member-only ballot, thus playing a critical role in supporting America’s free enterprise system. NFIB’s mission is to promote and protect the right of our members to own, operate and grow their businesses.