ALCOHOL AT HOLIDAY PARTIES

By David D. Schein, President & General Counsel, Claremont Management Group, Inc.

The Holiday season brings up the issue of alcohol at company-sponsored parties.   This is a difficult issue and there is not, strictly speaking, a right answer.  Ideally, no alcohol would be served, and the issue would be avoided.  However, most managers and employees regard alcohol at holiday parties as an essential part of the festivities.

There are several different approaches, listed in order of increasing risk to the employer:

1)  Employees BYOB or an employees’ club buys alcohol - there is case law in some states that support the proposition that the employer cannot be blamed under these circumstances.

2)  The employer provides the alcohol, but the employees serve themselves.  This may work for the reason the first option may work, the employees serve their own alcohol. The obvious risk is that an employee will serve themselves too much alcohol and then do damage to themselves or others.

3)  Similar to No. 2, but bartenders are used and each employee is issued two drink tickets. The bartenders are instructed to be careful in dispensing alcoholic beverages to avoid serving employees who are already showing signs of inebriation.  This is becoming a common option.

4)  Alcohol and bartenders are provided by the employer, employees and guests drink what they want. 

Any use of alcohol at a company function needs to be done in compliance with the company’s substance abuse policy.  Most policies ban alcohol on the company premises.  This forces all holiday parties with alcohol off the company premises.  Second, the substance abuse policy needs to contain an exception for such parties even when off premises.

In addition to parties, discussed above, there are many informal luncheons and receptions during the holiday season.  The substance abuse policy should control these situations.  This is a good time to remind employees of the substance abuse policy rules. For instance, a memo sent out in late November might remind employees about the risks of drinking and driving. Employees who drive company cars or operate a vehicle on company business should be reminded that they could jeopardize their employment by drinking and driving. The same memo might remind employees that drinking while conducting business, or drinking and returning to work under the influence, could lead to discipline up to and incl0uding termination of employment.

www.claremontmanagementgroup.com or follow me on Twitter @dschein1