7 Things You Should Never Do at the Office Holiday Party

Attorney Jonna Spilbor discusses important tips for bosses and employees who want to have fun at the office holiday party without getting fired. Here's her take on navigating this year's drunken celebration.

It’s that time of year again, the holidays!  Which means it’s time to plan your company Christmas party!

As an employer, the holidays are a great time to enhance morale and demonstrate your appreciation for the staff.  As an employEE, company parties are an opportunity to embarrass yourself, get arrested and/or lose your job.

So, let’s talk turkey (and stuffing, and figgy pudding), shall we? Here are my top tips for having a fun-filled and safe celebration at the office.

For Employers

1. First, DON’T HAVE IT AT THE OFFICE.  This way, you will not have to worry about on-premise injuries in the event Suzie from bookkeeping trips over her own two feet while she’s dancing Like “Elaine” and breaks a hip on the copy machine. If you ignore this rule, first, you’re dumb, and second, at the very least hire a professional server for drinks and food and make sure they (the caterers) have insurance.  Also, make sure your current policy will cover accidents ensuing from holding a holiday party on premises.

2. Don't call it a Christmas party!  If you are subject to EEOC rules (employers with more than 15 employees typically are), do not discriminate against those who celebrate Hanukah or Kwanzaa or the Zombi Apocalypse.  Be generic and/or diverse to avoid a discrimination claim.

3. Limit alcohol consumption and/or supply safe rides home for employees.  This is not only crucial to ensure your employees will be alive to arrive for work the next day, but it could protect the employer from being sued FOR SOMETHING THE EMPLOYEE DOES AFTER THE PARTY’S OVER!  There are crazy cases out there where employers have been sued when an employee hurts someone ON THE WAY HOME from a party.  To minimize your chance of being liable for acts of your employees at or after a holiday party, an employer should listen to this:

DO NOT hold the party during business hours.  If you do, (1) you have to pay the employees for attending AND (2) in the eyes of the law, they will be acting as your agent while they are all sauced up - bad idea; and

DO NOT force your employees to attend the party.  Attendance should be voluntary;

4. Lastly, set some rules.  Even though the eggnog may be flowing, an employer can get in hot water if an employee sexually harasses another employee.  This can be costly to the employer!  If you’d like a reminder, please refer to my famous “Frosty Mug” case wherein I represented the victim of sexual harassment at a Christmas party which cost the employer A TON.  I’m happy to repeat it.  It’s a doozy.

For Employees

1. REFRAIN FROM THE MEAN-SPIRITED “ROASTS” or practical jokes.  Offensive words can create a hostile work environment.

2.  Don’t get stupid drunk, EVEN IF THE BOSS IS PROVIDING A SAFE RIDE HOME.  That said, if the party allows you to bring significant others, do not allow your date to embarrass you either.  New York is an “at will” employment state, so if the husband or the wife insults the boss, don’t be surprised if you find a pink slip on your office door come Monday.

3. Don’t act like — or dress like — the office slut. While parties are a time to let your hair down, the boss doesn’t need to see your boobs under the excuse that it’s a party.  Same goes for the men.  If you work for a conservative office, don’t show up in cut off shorts, work boots and a Santa hat covering your junk.  Even though you are not on the clock (if your boss has heeded this advice), you’re still being watched.  Bottom line, BEHAVE like want to keep your job.

If you can still manage to have fun and stay within these guidelines, you’re a better person than me!  Kidding.  But it really is crucial to employ many — if not all -- of these “rules” to help ensure your office party is safe and fun for all.

Merry Christmas!  Oops, I mean Happy Holidays :-

Jonna M. Spilbor is a popular and outspoken attorney, columnist, and legal analyst appearing regularly on the Fox News Channel, the Fox Business Network and 101.5 WPDH every Thursday morning. You can contact Jonna on her website or at (845) 485-2LAW