The holiday season brings a welcome opportunity to celebrate your team’s hard work and build camaraderie outside the usual office setting. But as employment lawyers and workplace investigators, we’d be remiss if we didn’t share this: we see a fair number of misconduct complaints stem from holiday parties, likely more so than other workplace gatherings. So, as we go into the holiday festivities, and toast to the year’s successes, we invite you to consider these essential guidelines to keep your celebration both festive and investigation-free.
Everyone’s a Reporter Now
Here’s a sobering reality: every guest at your party carries a high-definition camera and recording device in their pocket. In today’s world, everyone is essentially a journalist, capable of capturing and sharing any moment instantly across social media platforms. We’ve conducted investigations where smartphone footage or social media posts became the central evidence in a harassment claim.
Apply this simple test to every employee action at your company party: Would you want it to appear in tomorrow’s newspaper headlines? If the answer is no, don’t do it. This applies equally to executives, managers, and employees at every level.
What We Actually See in Holiday Party Investigations
Certain patterns emerge year after year in investigations. Some common complaints include unwanted physical contact—hugging, touching, or dancing too close to someone who’s uncomfortable. Alcohol, and other intoxicating substances, embolden people to cross boundaries they’d not likely approach during normal business hours.
We also see complaints about sexually charged comments or innuendo that employees claim they were “just joking” about. Here’s the reality: if you have to explain that your comment was a joke, it probably wasn’t appropriate. Intent matters far less than impact in harassment investigations.
Another troublesome issue: supervisors making comments about employees’ appearances or bodies. What feels like a compliment to the speaker can feel like uncomfortable scrutiny to the recipient, particularly when there’s a power imbalance involved.
Your Handbook Policies Don’t Take a Holiday
Employees may mistakenly believe company policies don’t apply outside the office or after hours. But as savvy HR leaders know, several standard employee handbook policies remain fully enforceable at your holiday party:
Anti-harassment and anti-discrimination policies are perhaps the most critical. Sexual comments, unwanted touching, racially insensitive jokes, or remarks about someone’s religion, age, or disability are just as prohibited at the hotel ballroom as in the office conference room. We can assure you, and HR leaders will confirm, “I was drinking” is not a defense to a harassment claim.
Professional conduct policies apply equally. The relaxed atmosphere doesn’t give anyone license to be rude, aggressive, or disrespectful to colleagues.
Substance abuse policies remain in effect. Showing up intoxicated, using illegal (or legal adjacent) drugs, or becoming so impaired that it affects your behavior can result in disciplinary action—including termination in serious cases.
Social media and confidentiality policies are especially relevant in our smartphone-saturated world. Posting photos of colleagues without permission or sharing confidential business information can violate company policy.
Essential Dos and Don’ts
Do make attendance voluntary. Let’s avoid retaliation claims stemming from supervisors who penalized employees for leaving early or not attending.
Do provide substantial food throughout the event and offer attractive non-alcoholic options. Many companies are moving toward alcohol-free celebrations entirely.
Do send a pre-party reminder email explicitly stating that all employee handbook policies remain in effect. Include clear guidance about expected behavior and how to report concerns.
Do arrange transportation options and establish clear start and end times.
Don’t allow unlimited alcohol service. Use drink tickets or limit bar hours.
Don’t ignore warning signs. Let’s avoid an investigation that could have been prevented if someone had stepped in earlier when an employee appeared intoxicated or was behaving inappropriately.
Don’t let the party continue into unofficial after-parties at bars or employees’ homes. Rule of thumb with company parties – nothing good happens after 10 p.m.!
The Bottom Line
Company holiday parties can strengthen workplace culture and boost morale—when done with intention. The key is maintaining the mindset that this event, while festive, is still a work function with all the attendant responsibilities and potential liabilities.
The best holiday party is one that creates positive memories and zero HR complaints. If you need guidance on crafting effective party policies, conducting pre-party training, or addressing issues that arise from workplace celebrations, Aecus Law is here to help employment teams navigate these challenges with practical, proactive solutions.
Disclaimer: The content of this article is for informational purposes only and does not constitute legal advice. It shall not be construed as an offer to represent you, nor is it intended to create, nor shall the receipt of such information constitute, an attorney-client relationship. We hope that you will find the information informative and useful, and we would be delighted to speak with you to answer any questions you may have about our services.