While the economy has reduced the number and “flair” of company parties, most companies still take the opportunity at least once a year to gather for socializing, recognition and/or team building. And these parties often involve alcohol. Because of concerns around corporate liability should something happen as a result of an intoxicated employee, many companies are developing drinking guidelines as part of their event planning process. These range from “drink responsibly” messages to establishing a two-drink maximum, to providing van or cab rides home. Creating guidelines to protect employees and the company is a good idea. However, if you merely create the guidelines and then don’t follow them, you could be putting your company at risk.
Take the example of Marriott Hotel, who in Purton v. Marriott International was found liable in a “wrongful death” following a company party. Prior to their holiday party in 2009, Marriott Del Mar Hotel management decided that they would give each party attendee only two drink tickets and would only serve beer and wine. An employee of the hotel, who was a bartender, arrived at the party having already had a couple of drinks, and bearing a full flask of whiskey. At some point during the night, the employee was able to refill his flask. He left the party and arrived home safely. Shortly after he arrived home, he left again to drive an intoxicated coworker home. While driving the coworker home, the employee hit another vehicle at 100 mph, killing the occupant. He received a six-year sentence for vehicular manslaughter.
Now you might think that Marriott’s responsibility ended once the employee had arrived home safely. However, in the “wrongful death” suit filed by the victim’s family, the court held that “an employer may be found liable for its employee’s torts as long as the proximate cause of the injury (here, alcohol consumption) occurred within the scope of employment.” They also found irrelevant the fact that the effects of the employee’s negligent conduct occurred when the employee was no longer acting within the scope of his employment (i.e., after he had left the party.)
Had Marriott enforced the rules they implemented to protect themselves, things might have turned out differently.
As you plan for your summer and holiday parties this year, keep these things in mind:
- Be consistent in enforcing safe drinking guidelines.
- Assign someone to monitor alcohol consumption.
- Remember that your responsibility doesn’t end when an intoxicated employee gets home.