The holidays often are known around the office as a time of Secret Santas, vacations and shortened workdays.

Each year, many employers also host an office holiday party, and the combination of a more relaxed after-hours environment, coupled with alcoholic beverages and an overall sense of merriment, can lead to a variety of transgressions that employers need to be concerned about.

In fact, up to 36 percent of employers report employee misconduct during holiday parties, ranging from excessive drinking to sexual advances, off-color jokes, vulgar language and arguments.

Employers may be liable for the acts of their supervisors and employees under several legal theories. Liability can be substantial. Take these risks seriously and consider the following six tips for avoiding litigious action following an office holiday party:

  • Consider hosting an office holiday lunch, sans the alcohol. You can have lunch catered into the office and have just as much fun as a team, but eliminate the threat of any alcohol-related transgressions.
  • If you do serve alcohol, do not have an open bar where employees can drink as much as they want. Instead, have a cash bar or use a ticket system to limit the number of drinks. And be sure the menu involves plenty of food and selections of non-alcoholic beverages.
  • Let your managers know they will be considered to be "on duty" at the party. They should be instructed to keep an eye on their subordinates to ensure they do not drink too much. Also, instruct managers that they are not allowed to attend any post-party events.
  • Remind employees that, while you encourage everyone to have a good time, your company's normal workplace standards of conduct will be enforced at the party, and misconduct at or after the party will result in disciplinary action.
  • Arrange for no-cost taxi service for any employee who feels he or she should not drive home. At management's discretion, be prepared to provide hotel rooms for intoxicated employees.
  • Never, ever hang mistletoe at an office holiday party.

While employers cannot eliminate the risk of liability arising from holiday parties completely, by planning appropriately, you can reduce liability and continue to celebrate this festive time of year.

Employers interested in learning more about the legal issues that often come up during, or as a result of, office holiday parties are advised to confer with legal counsel.

Previously published by the Orlando Business Journal

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.