“I’d Like to Do Your Wife” and Other Holiday Party Disasters for Employers

Every year, employment lawyers submit their clients’ (employers) worst holiday party disasters to Law360, a subscription based newsletter for lawyers. Here are this year’s winners.

From Amanda Courture: Her client took out workers to celebrate the holidays. Some employees had too much to drink. “At one point, one of the male colleagues turned to the manager ... and said, ‘I’d like to do your wife,’” according to Ms. Couture. A fight ensued, where the manager punched the offending employee. Ms. Couture’s advice: “The lesson to employers is to ensure workers know their conduct policies apply equally outside the workplace, and that there will be consequences for violations.”

ProfLERoy’s advice: Don’t sponsor or associate your organization with any holiday events that have alcohol, even where employees buy their own drinks. Yes, this is a kill-joy approach but lowers the probability of employer liability for bad interactions and drinking-related accidents, where employers can be found vicariously liable.

Jonathan Segal (his middle name is not Livingston) recalled a situation in which male executives got very drunk at a client’s holiday party, held in a hotel.

“They thought it would be a good idea to continue the party in hotel rooms, to which they invited [female] junior colleagues,” Segal said. These workers declined the invitation and reported the executives, who were fired, he said.

Mr. Segal’s advice? “How could those individuals be trusted to supervise going forward?” Segal said. “Jack Daniels is not a defense for predatory conduct and they paid the ultimate price.”

ProfLERoy's advice? Serve non-alcoholic punch at your party. It makes men less brave and more aware of social boundaries.

Michelle Phillips’ client made the list this year: A client with a reputation for hard-partying (a sales organization) “had their holiday party at sort of a bar-restaurant combo, and well into the evening, one of the younger employees comes out of the men's room, walks up to their manager and says, ‘There are people doing cocaine.’” The company investigated and fired six workers who tested positive for cocaine use, and also unearthed that there was drug-dealing going on in the office, she said.

Phillips said she generally advises clients to remind employees of their conduct policies ahead of the holiday party, such as by referencing the rules in the invitation.

ProfLERoy can’t disagree, but would advise any group with a reputation for partying hard to skip the holiday season party altogether—that is, unless you like a moderate to high degree of uncontrolled risk.

Mr. Segal recalls a client who took ProfLERoy’s advice. “They eliminated every aspect of the holiday season ... they called it a 'December celebration,’” Segal recalled. The company avoided any references to Christmas or any other holiday, and didn’t serve alcohol at its party. "It was sterility rather than civility, and it was a buzz-kill,” Segal said. 

ProfLERoy says: What’s the problem here, Mr. Segal? Has anyone ever been sued for throwing a boring party? Does an employer have a legal duty to provide employees opportunities to lose their jobs through uninhibited party norms and alcohol-fueled enabling behaviors?

ProfLERoy closes by inviting you to his holiday blog party. It just happened. I hope you had fun. J

Credit: Braden Campbell, LAW 360 (Nov. 30, 2019)