The Ups and Downs of the Office Holiday Party

While some companies no longer hold office holiday parties, a large number still cling to this tradition as a way of showing appreciation for employees. If you're having such a party, you may wish to read some of this week's articles to help avoid legal and other problems. No one wants to start the new year with a lawsuit that could prove financially disastrous. If you're thinking of dropping the party this year, check item #6 for an alternative idea.

There are certain steps that a company can take to limit liability resulting from holiday parties. (Item #1)   A lawyer offers tips to help you avoid holiday lawsuits. (Item #2)   Employers may want to consider these court decisions as they begin planning their own holiday parties. (Item #3)  

Employer-sponsored parties present certain risks when alcohol is served. (Item #4)   You never know when one person's trip to the mistletoe might mean another person's trip to a lawyer. (Item #5)   How about a gift instead of a party... one that won't be taxed and meets IRS guidelines? (Item #6)  

As always, we look forward to hearing your comments & insights regarding business continuity. If you have a topic you'd like us to cover, email me at [email protected].

Bob Mellinger, President
Attainium Corp

1. Not so happy holidays

While holiday parties can be a great way to build morale and/or demonstrate appreciation for employees' hard work, employers need to ensure that this holiday fun does not turn into a New Year's liability. With the holiday season nearly upon us, now is the time to assess your company's upcoming holiday party.
http://www.brownlawgroup.com/articles/not-so-happy-holidays/

2. Avoiding Holiday Lawsuits

Holiday parties are the perfect way to bring employees together in a relaxed atmosphere and reward them for working hard. But what happens if the holiday cheer gets out of hand? You never know when one person's trip to the mistletoe might mean another person's trip to a lawyer. Special events such as holiday parties can become a breeding ground for sexual harassment and other forms of inappropriate behavior, especially if alcohol is involved. So what can you do to avoid the problems?
http://www.entrepreneur.com/management/legalissues/legalbasics/article65790.html

3. Courts Rule Employers Not Exempt from Liability for Accidents Involving Their Off-Duty Employees

Two recent decisions by California appellate courts expand the definition of "scope of employment" to off-duty events that appear to have no relevance to the employee's actual job duties or benefits to the employer. The decisions also narrow the "going and coming" rule, which usually exempts employers from liability for the negligent acts of its employees while going and coming to work. In overturning rulings by the trial courts when finding serious car accidents occurred outside the scope of employment, these decisions could impact employer policies related to their off-duty holiday parties and use of personal vehicles during the workday.
http://www.cookbrown.com/doc.asp?id=676
Related article: Is firm liable for drunk employee's fatal accident?
http://www.hrmorning.com/is-firm-liable-for-drunk-employees-fatal-accident/

4. What Every Employer Needs to Know to Avoid an 'Office Party Gone Wrong'

While most employers still want to foster a sense of fun for employees during the holiday season, it's becoming increasingly apparent that the traditional "wild office party" of past eras is not healthy for the spirit and camaraderie of the employees in the modern workplace. Over the years, office parties have changed considerably. Alcohol used to flow freely, and employers would overlook inappropriate conduct, chalking it up to party behavior.
http://www.tlnt.com/2010/11/22/what-every-employer-needs-to-know-about-office-parties-and-liability/

5. Bah humbug: How to avoid being Scrooge at company holiday party

It's holiday office party time again, but it's also time to take preventive steps to stop company-sponsored festivities from turning into legal headaches. What happens if the holiday cheer gets out of hand? There are plenty of things employers can do to prevent problems.
http://columbus.bizjournals.com/columbus/stories/2007/10/15/focus3.html

6. Instead of a party... Smart Holiday Gift for Valued Employees

People who feel appreciated are more positive about themselves and will bring better ideas and more enthusiasm to their work. But maybe a holiday party, for whatever reason, isn't in your plans this year. Here's an option for consideration.
http://emergencyplanguide.org/smart-holiday-gift-for-valued-employees/