Technology, the Company Holiday Party, and Avoiding the Naughty List

Earlier this year a viral video of two high level employees of Astronomer engaged an embrace while enjoying a Coldplay concert put the company in the spotlight for all the wrong reasons. Although the video is not from a holiday party, it is a reminder that with today’s technology bad conduct is likely to be recorded and shared. And like that scene from the Coldplay concert, employees’ bad conduct is likely to be exposed online and bring negative attention to a business.

Employee conduct at office holiday parties should be considered when making decisions on how to celebrate, bad conduct can lead to bad press or worse. Many companies do not plan and end up learning the hard way that some employees view the office party as a way to cut loose and leave their inhibitions on the copy room floor. Despite the depictions of holiday parties often seen in TV and movies (think Mad Men, A Bad Mom’s Christmas, or Office Christmas Party), in today’s workplace, the wild and crazy office party should be a vestige of the past – and not just because everyone has their own video recording device in their hands.

Office holiday parties often embolden inappropriate behavior, from simple innuendoes that an individual would not dare speak during the normal workday to unwelcome touching that could lead to claims of sexual harassment (or even welcome touching that becomes unwelcome when a significant other sees the video on Facebook). The office holiday party can be a quagmire of potential employment issues, even beyond sexual harassment. These issues can include claims due to on-the-job injuries, unpaid wages for attending the party, or other types of workplace harassment or discrimination (e.g., race or religion).

Since most issues relating to inappropriate conduct arise due to someone bending the elbow a bit too much leading to lower inhibitions and possibly poor decisions, companies should consider whether alcohol will be available to employees during the party. If a company that does decide to provide spirits, should make sure to have someone (a designated responsible adult) monitoring your workforce to ensure that no one gets too “relaxed” leading to employees crossing the line. Companies should consider limiting how much alcohol is served and have a plan in place to ensure that any employee who drinks a little too much has a ride home. Poor decisions will more likely than not will be captured on video by a smart phone and shared online. No company wants a viral video of its CEO’s (or any other employee for that matter) actioning unprofessionally.

Evaluate in advance whether the party is going to be mandatory or not. If it is voluntary and employees do not feel compelled to attend, then companies are not required to compensate employees for their attendance. Review the plans for the party in advance to see if there are any activities that could be considered inappropriate or offensive to members of any protected class. Most importantly, companies should communicate clearly to employees that the company’s policies and procedures, especially those related to conduct, are still in effect at the party. Most parties are benign and conclude with no real issues to speak of, but no company wants to be the exception to the rule. No company wants to wake up the day after the holiday party and find that its organization’s CEO or VP have been added to the naughty list, and all the world knows.

Jennifer Fowler is board certified as a specialist in labor and employment law. She can be contacted at [email protected] or 941-552-2558.