By Orlando Law Group

The 12 Rules of Office Parties Your Lawyer Says To You

We don’t mean to sound like The Grinch.

We just want to make sure your holiday office party doesn’t steal the holiday spirit – and ruin your new year with unexpected legal issues.

While most of us want to think of the holiday office party as fun, joyful and a great time to get to know your co-workers, many pitfalls and problems can happen. And the hangover of a poorly planned event can last for years.

The attorneys at The Orlando Law Group can certainly review your holiday party plans but follow the 12 Rules of Holiday Parties and the advice your lawyer gives to you, you should have a jolly good time!

The first rule of office parties your lawyer says to you is to take it easy on the alcohol.

Let’s face it, spiked eggnog goes with the holidays like peas in a pod. However, more issues happen at the office holiday parties with alcohol in the mix than those without it.

This year, you could limit the number of drinks to just two per person. You could also hire a professional bartender trained to spot when an individual has had enough to drink. You could also only offer beer and wine – certainly no shots1

If you want to avoid alcohol entirely, you could also have a holiday party at lunch or provide mocktails instead of cocktails.

Having an office holiday party where the wine flows faster than the cheer can cause any company serious issues after the festivities end.

The second rule of office parties your lawyer says to you is to make it optional not mandatory.

There are a lot of steps to take if your party is mandatory because, as a mandatory event, you are now required to treat it as an actual workday. That means you’ll have to pay for employee time and ensure all other workplace protections take hold too.

If you have an optional party and are careful to not discuss business, you can use that as a defense if things happen to go awry.

The third rule of office parties your lawyer says to you is to keep it religious-free.

While many people want to have an Office Christmas Party, that can cause serious issues from Title VII which strictly prohibits religious discrimination in the workplace.

It’s best to just have a “holiday” office party as all major religions have a holiday in December – or just make it winter-themed with snowflakes, snowmen and candy canes.

The fourth rule of office parties your lawyer says to you is to stay away from mistletoe and other harassment issues.

If you allow the shenanigans of holiday office parties in the movies at your party, it will turn into a lump of coal for your business very quickly. Under no circumstances can you allow any form of sexual harassment at your company holiday party.

That means the mistletoe over the door is strictly prohibited, even though it’s not a religious symbol, and any sexual innuendoes, unwanted advancements and more will result in an employee being put on the naughty list, otherwise known as termination.

The fifth rule of office parties your lawyer says to you is to provide an opportunity for complaints at the party.

As an owner or a manager, you can try your best to prevent sexual harassment at the office party, but it still can happen. The best way to help with any sexual harassment claim from the holiday party is to make sure your staff knows how to make a complaint.

This system should be available during the party and after the party. Any complaints should be taken seriously and investigated and punishment given if the incident is found to have happened.

Just like at the office any other time, your company and your holiday party should have zero tolerance for sexual harassment.

The sixth rule of office parties your lawyer says to you is to establish a professional dress code.

Another way to try to prevent the party from getting too wild is by establishing a dress code as office attire.

While a person’s dress is no excuse for sexual harassment, reminding people to dress as they would at the office simply reinforces the holiday office party is an extension of the office, not a raging keg party.

The seventh rule of office parties your lawyer says to you is to remind managers they are role models.

Managers have been given their leadership roles for a reason. They are respected by the employees of the company and should be reminded of such before the party.

It’s particularly difficult for someone who has recently been promoted to separate from the way they interacted with co-workers in the past. Just reminding them as management they are held to a different standard can help keep a holiday office party professional.

The eighth rule of office parties your lawyer says is to pay your employees for their time.

While paying employees is not necessary for a non-mandatory party, it can help cover any issues that might arise. For instance, if a manager decides to talk about a company project or a new client, that could be interpreted as work, leaving you liable for potential fines and back pay.

However, by paying employees for their time at the holiday office party, you’re covered from any potential issues that might come up.

Plus, your employees will appreciate the small gesture and may increase attendance.

The ninth rule of office parties your lawyer says to you is to send out your harassment policies before the big event.

Yep, we’re back to those issues with sexual harassment. Trust us, this is the No. 1 issue that happens at a holiday office party, so you want to take every step possible to prevent harassment.

Just a simple email with the harassment policies shows you were proactive and any employee who fails to follow those procedures can not use the excuse they didn’t remember or didn’t know the policies.

The tenth rule of office parties your lawyer says to you is to not question why an employee isn’t there.

When you hold a holiday office party and it is voluntary, you have to make sure that it is truly voluntary. That means you can’t ask your employees why they weren’t there or why they aren’t coming.

Doing so could create the impression that the holiday office party isn’t really voluntary and that by missing the party, the employee could be viewed negatively.

If an employee says they can’t make it, just say thank you for letting me know.

The eleventh rule of office parties your lawyer says to you is to pay for a rideshare for employees.

One of the absolute worst things that can happen at a holiday office party is for an employee to get in a crash while driving under the influence. In some cases, depending on how the holiday party was structured, you could be held liable for damages.

Having a professional bartender and limiting drinks helps, but you do not know how much the employee had to drink before the event – or if there are any other substances, like marijuana, in their system.

The best protection you can provide is to make sure employees do not get behind the wheel after drinking by including in your party budget a free rideshare for any employee to get to the party and to home from the party.

Again, your employees will appreciate the gesture.

The twelfth rule of office parties your lawyer says to you is to have a great time celebrating another year of success!

While we have certainly sounded like true party poopers, the most important rule may be the last one we give you.

An office holiday party is a great time to build camaraderie between co-workers. It can build morale at your company and can certainly help improve company results.

So, please, make sure you and your employees have a lot of fun!

The attorneys at The Orlando Law Group can help businesses with all types of issues in Orlando, Waterford Lakes, Altamonte Springs, Winter Garden, Lake Nona, St. Cloud, Kissimmee, and throughout Central Florida.

If you have questions about anything discussed in this article or other legal matters, give our office a call at 407-512-4394 or fill out our online contact form to schedule a consultation to discuss your case. We have an office conveniently located at 12301 Lake Underhill Rd, Suite 213, Orlando, FL 32828, as well as offices in Seminole, Osceola and West Orange counties to assist you.

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.