'Tis the Season for Employee Issues

Although it is typically a time for merry-making, party going, and gift giving at many companies, the holiday season can be particularly tricky for employee relations. There are several areas where even the best of intentions can be misinterpreted, leading to disaster. Here are just a few things to look out for this holiday season:

Parties
Nobody wants to be the "party police", but the potential liability arising from these events is considerable and worthy of every employer's attention. Many companies host holiday parties for their employees and clients - parties at which alcoholic beverages are more often than not available. Aside from the obvious legal issues of under-age employees downing liquor supplied by their employer and post-party DWI infractions by party revelers, there are also other matters of personal conduct to be concerned about. We've all seen people behave in a questionable manner after drinking a bit too much and a company-sponsored event automatically labels the employer responsible and potentially liable for damages.

Some people tend to loosen up at parties -- perhaps a bit too much in some cases -- and feel that it is okay to behave differently than while at work. This is okay to an extent. But how different is too different? Their comments and/or behavior may become humiliating and offensive to others for a variety of reasons, particularly situations involving perceived sexual harassment. An offended individual may not make a formal complaint to management, but that doesn't mean there isn't a problem.

It is helpful to informally solicit feedback after the event to find out what people thought of it, and help determine whether something potentially dangerous may have occurred that you may not be aware of. Remember -- different people will interpret others' behavior in very different ways, so keep an eye/ear out for personal reactions indicative of potential trouble.

To encourage moderation and to limit potential liability, consider the following:

• Communicate expectations regarding behavior at company-sponsored events, including disciplinary action to occur for those who become intoxicated.

• Limit the amount of time for an "open" bar. If a cash bar is available, do not allow managers or supervisors to buy drinks for others.

• Do not allow underage employees to drink.

• Provide taxi service home to anyone who is deemed incapable of driving safely.

• Keep in mind that some individuals choose not to attend company parties, so respect their choice and don't pressure them to participate.

Gifts
Some individuals do not participate in gift exchanges due to their personal or religious beliefs, and it is a sensitive topic for many people when they are pressured to conform or made to feel like a grinch for not participating in the festivities. The gifts themselves can also be problematic, especially "personal" items given to women such as perfume, clothing, or jewelry, or "gag" gifts that may be misconstrued or found to be sexually suggestive or otherwise offensive.

Gifts can also cause or aggravate perceptions of favoritism if a manager gives nicer gifts to individuals with whom he/she has a more favorable personal relationship. Therefore, managers should be discouraged from doing anything that may be regarded as preferential treatment for specific individuals. It is a good idea to have company guidelines regarding the types and/or the maximum value of gifts that may be given to any employee (by another employee or by a vendor). Many companies use $25.00 as the limit.

Observance of specific holidays
Keep in mind that individuals observe different holidays with different customs and on different dates. Try to include some recognition of the various holidays as they occur, and avoid focusing mainly on "Christmas" with regard to parties and other celebrations.

HAPPY HOLIDAYS TO ALL !!!