Tips to avoid litigation at company holiday party

We are in the season when businesses of all sizes host holiday parties for their employees. But if you don’t want to wake up on Christmas morning to find a lawsuit under the tree, you should consider taking these six steps suggested by Attorney Brian A. Joyce, managing partner of the Joyce Law Group in Canton. They can help you avoid problems that could lead to costly litigation.

1. Make attendance strictly voluntary: Forcing employees to attend an after-hours event can lead to multiple problems. For one thing, you may be forced to pay everyone for the extra time they spend at a work-related event. And an employee who is harmed or injured at a mandatory event has a stronger claim, and may not be covered by workers’ compensation. Another issue is consideration of an employee’s religious beliefs that many not coincide with the holiday.

2. Invite spouses and significant others: The theory is that having wives, husbands, boyfriends, girlfriends, or even children at a holiday party will help to tone things down and keep employees on their best behavior. But make sure you do not discriminate against any couple or pairing.

3. Control the flow of alcohol: Too much drinking is bad for business. Alcohol-related issues are perhaps the most common — and potentially the most damaging — problems generated by a holiday party. This can range from drunk driving accidents to sexual harassment to underage drinking. One way to put a lid on alcohol consumption is to issue a limited number of drink tickets. Avoid having an “open bar” where employees may feel free to imbibe beyond their normal limits. Serving only beer and wine and avoiding hard liquor can help curb drunkenness. Hire a professional bartender — don’t allow employees to pour drinks for other employees. Your best defense is to hold the party off-site and shift the responsibility for serving alcohol to the restaurant or function facility with professional bartenders.

4. Make sure you are insured: If you host a holiday party on your business premises, be certain your liability policy will cover any damages or injuries that may occur. If not, purchase a rider to extend the coverage to the party. Keep in mind that injuries to employees at a holiday party that is not mandatory may or may not be covered by workers’ compensation. Rather than run the risk, put adequate coverage in place in advance.

5. Make sure the party is accessible: Whether you have employees who fall under the Americans with Disabilities Act (ADA) or not, you should ascertain in advance that any venue you select for your holiday party offers full access. Guests who accompany employees may require such access.

6. Promote your harassment policy in advance: Along with alcohol, harassment claims pose the biggest legal threat at any holiday gathering. Employees, including supervisors and managers, should be reminded in advance that the company’s harassment policy will be in effect at the party and strictly enforced. This is not limited to sexual harassment, but can also include inappropriate behavior or offensive statements. Management should be on alert for such behavior throughout the party and be prepared to react quickly to quell any improper conduct.

“Taking the time to address these issues in advance may not be the most fun way to get into the holiday spirit,” said Joyce. “But if taking these steps can help your company avoid an expensive and embarrassing lawsuit, you may be able to enjoy a more relaxed and prosperous New Year.”

For more information on the Joyce Law Group, go to www.joycelawgroup.com.

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Posted by Canton Citizen on Dec 19 2013. Filed under Business. Both comments and pings are currently closed.