'Tis the Season for Employers to Protect Themselves from Holiday Party Lawsuits; Workplace Law Experts Say Managers Who Fail to Set Ground Rules for Holiday Revelry May Ring In the New Year With a Lawsuit or Worse

Business Wire, Nov 29, 2005

MELVILLE, N.Y. -- The holiday season brings good cheer to the office, but for employers, it can bring lawsuits, disputes and embarrassment. Unfamiliar social circumstances, alcohol consumption, and even heightened religious feelings can create a hostile work environment complete with all the trimmings: negative feelings, bad publicity, employer liability and even tragedy.

According to Paul J. Siegel, a partner in the Long Island office of employment law specialists Jackson Lewis LLP, "employers want to enjoy their office party, but they need to lead by example. More importantly, everyone needs to know the ground rules. Employees have a misconception that when it comes to holiday office parties, anything goes, which is both inaccurate and quite dangerous." Take these recent examples:

--A Fire Safety Director was forced to issue a public apology after sending an email from his governmental email account including religious sentiments such as "God's only son, Jesus, came to Earth and gave his life so that we may live";

--A school district faced a lawsuit over an 8-year-old's attempt to distribute pens carrying a religious message during a classroom holiday party;

--An office Christmas party ended in tragedy when an employee's synthetic grass skirt caught fire, killing him and severely burning a second person;

--At a nursing home holiday party, a 220-kg. brown bear brought in to entertain residents fell on a 90 year-old woman, killing her.

Jackson Lewis partner Matt Halpern adds that "Management training on issues unique to the office party season (sexual harassment, negligent supervision of staff, drunk driving, etc.) can help companies avoid holiday inspired litigation. Managers have to realize that workplace related claims do not disappear just because party hats are handed out. Forethought, careful planning and a well-trained management staff can avoid many problems."

About Jackson Lewis LLP

Jackson Lewis represents management exclusively in employment, labor, benefits and immigration law and related litigation. With 380 attorneys practicing in 21 offices nationwide, the firm has a national perspective and sensitivity to the nuances of regional business environments. The firm's website is: www.jacksonlewis.com.