It’s the end of the year and that means its company holiday party time. We all know the drill: Have fun, but not too much. Keep in mind the party — whether it includes staff, spouses or clients — is a professional work event. What happens reflects on not only the individual but the company itself.
You have no doubt heard the same old warnings as each holiday season approaches. And as you should; everyone attending a company party should keep those in mind. But what about those hosting the party? Is there is a separate set of guidelines for the company and management to make the night a professional — and social — success?
If you’ve attended more than a couple of years’ worth of parties, you know it as a source of lucid folklore. Everyone remembers the year Jim did this, or Jenna did that, or what Jim and Jenna did together. Blowing off steam after a rugged journey to reach economic and business goals at year’s end is implicitly expected to generate juicy gossip or myths of scandal and embarrassment. Anything less is seen as boring.
A company’s legal liability for its holiday party can extend to physical harm, harassment, discrimination, workers’ compensation and a host of other legal theories.
According to studies, more than 10 percent of attendees at holiday parties act out in some manner that compromises their professional standing. They do so under the watchful eye of countless phones and cameras, waiting to be tomorrow’s Instagram post.
As defenses fall with each drink, coworkers might act out on their yearlong peer or subordinate crush. They may drink too much just to relax, even if they are not typically problematic drinkers (often a more destructive scenario than with the
seasoned drinker). Others may decide to vent their frustration or anger about the company, often when impaired and exhausted, or even attempt to drive home while legally incapacitated.
But on a Positive Note …
Although it might seem as if holiday parties are littered with landmines, the reality is they serve a positive and necessary purpose. In fact, because company culture often is more impersonal and businesslike these days, hosting such events is critical to boosting spirits.
The end of the year is a milestone and a reckoning, good or bad. Management, professionals and staff have been in the trenches together for a year attempting to reach personal and professional goals. The holiday party is essentially an opportunity to bond, celebrate, find inspiration, build camaraderie, blow off steam, laugh, enjoy one another outside of the office, and give a nod to the holiday season. It is both a recognition of the sacrifices and achievements of the past
year as well as a pep talk for the upcoming year.
In other words, a holiday party can and should be a wonderful experience filled with relatively sober and relaxed conversations, a toast or speech from company leadership, and perhaps a fun activity.
In order to mitigate the risks inherent in throwing a holiday party, taking a few discrete actions, including the below, can minimize predictable problems:
- Send invitations and emails outlining the company’s expectations for the holiday party;
- The importance of respectful physical and verbal behavior;
- The notion that the party is an extension of the workplace;
- A heads-up on the enhanced scrutiny of workplace behavior and a gentle warning to behave accordingly;
- Limit opportunities to become intoxicated;
- Provide a certain number of tickets for alcohol for attendees;
- Make the length of the party shorter rather than longer;
- Don’t permit shots;
- Offer good food and non-alcoholic alternatives (and include lowalcohol punch);
- Give a relatively early “last call”;
- Designate a member or two of management (not HR) to be sober observers to monitor potential problems; and
- Provide Uber or another ride-share service for every attendee to and from the party.
It is impossible to identify every person who may be impaired, so the money will be worth it. Our recommendation is that Uber be paid for even when the attendees go to an after-party or meet at a bar. These postparty gatherings are common and it’s often when the attendee has that one drink too many. This policy also protects attendees who choose to have a “pre-party,” a not uncommon tradition for nervous associates who may be socializing with senior partners for the first time.
At the end of the day, a party is still a party, with all the fun and risks attendant to a gathering with alcohol, music, food, and scores of different personalities and skills.
As host, your company can certainly put some boundaries and practical tools in place to avoid potential damage to guests and to the company.
The information presented is not intended to be, and does not constitute, “legal advice.” Because each situation varies, and only brief summary information is provided here, you should not use this information as a basis for action unless you have independently verified with your own counsel that it applies to your particular situation.
