Yes, we did have a "no host" bar where employees could purchase drinks if they wanted them. We thought that was a step removed from actually purchasing the drinks ourselves either via an open bar or drink tickets. It is a non-issue now that we aren't having a party at all!
Your boss is absolutely correct. Your company is providing and permitting consumption and is therefore liable for those employees who become impaired and have an auto accident that injures or damages property.
Paying for one drink or ten drinks is not relative to the size of libility, access and sponsorship are the key components. Any employment attorney or tort attorney will tell you the same... Sponsoring (including official authorization for its consumption) alcohol at a company event is a risk. If someone at the party is in an accident due to intoxication they make the company a contributor to the accident.
We went from hosting an open bar to giving out drink tickets to closing the bar at 11:00pm. All these changes went over with very little complaints. We also had discount rooms available in the hotel, free soft drinks and opened a line of credit with one of the local taxi companies so our employees could call for a free ride home. Alas, despite our best efforts, people will be people; we stopped having parties four years ago after a fist-fight broke out in the hotel lobby. Instead of spending the money on a party, we began buying and distributing $50 gift certificates to WalMart. There was some grumbling the first year, but you should see our mostly blue-collar workers lining up for their certificates now! There are some extra stocking stuffers being bought with those certificates and no liability issues. Turned out to be a win-win!
Ok, here is some management's thoughts about a non-drinking party. Let's have it at a casino. The party will be non-alcoholic and be from 7-9pm. What kind of liability would we have if the employees then chose to gamble/dirnk at the casino and left the casino inebriated?
Pretty weak! What kind of company function can you have at a casino other than drinking and gambling? You'd probably be about as liable as I would be taking out three people in my boat with no life preservers and telling them not to get wet. If they fell in, the case against me would be stronger than 8 acres of onions.
Hey; that puts a different spin on it. A time limited sit down dinner in a private dining area with no alcohol served. I'm certainly no attorney; but, I can't see the liability if they imbibe after your function.
Comments
Paying for one drink or ten drinks is not relative to the size of libility, access and sponsorship are the key components. Any employment attorney or tort attorney will tell you the same... Sponsoring (including official authorization for its consumption) alcohol at a company event is a risk. If someone at the party is in an accident due to intoxication they make the company a contributor to the accident.