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The Dangers of Serving Alcohol at Your Company's Holiday Party


As we find ourselves immersed in the holiday season, many employers have their annual holiday party already in the works. Some of those holiday parties include serving alcohol.

A recent case in California may change your mind about serving alcohol at your company party. Essentially, if an employee has a drunk driving accident after the function has ended, the employer can be held liable for the accident. Case in point involves a Marriott employee. The party took place on-site at a Marriott hotel property. Alcohol was being freely served at their holiday party. Michael Landri drank alcohol that the employer provided. He drove home, arriving safely. After about 20 minutes, he decided to drive a co-worker home. Landri ended up causing an accident that killed another driver. He was also found to be legally drunk.

In the end, Marriott was found liable. Why? The court ruled that an employer can be liable if the activity was with the employer's permission and benefited the employer and/or it was a customary incident of employment. Marriott was also found to have "created the risk of harm" by allowing employees to drink until intoxicated. Ultimately, an employer remains liable until the employee sobers up.

Other problems can arise from serving alcohol, such as sexually harassing behavior or other unprofessional conduct.

However, if as an employer, you choose to serve alcohol at a holiday party, be sure to take precautions to ensure a safe gathering. Some suggestions include:

  • Serving a meal
  • Only serve drinks for a limited time
  • Issue drink tickets to each employee
  • Be sure employees do not bring in their own alcohol Have the event off-site with experienced bartenders
  • Be sure to close the bar long before the event ends.

In the end, keep in mind that the best way to avoid any liability relating to alcohol is to not offer alcohol at all.



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