It Was After-Hours. Was it After Work?

A Kantola Learning Minute

Is an employer responsible for bad behavior that occurred when her employees were out drinking after working a trade show? Find out in this week's Learning Minute with workplace trainer Linda Garrett, JD.

Hi, I'm Linda Garrett. We had an interesting question from an employer who wondered whether they were liable and responsible for the behavior of some employees after the day was done.

These employees had been sent to a trade show, and, after a hard day at the convention, decided to get together for drinks and dinner afterwards. Later, the employer learned that the language used and the jokes being told over drinks were pretty raunchy and had upset one of the employees.

Normally, employers are not responsible for what happens when employees get together on their own time. However, in this situation, the issue comes up, were the employees really free to not go for dinner and drinks, or was that part of the expectation that they would work together as a team and collaborate afterwards.

So, it's really a question we'd need more facts on, but be aware that, even though employers are normally not responsible for what happens when between employees on their free time, in a situation like this, where they are sent out of town for a project, the answer might be a little more difficult and there may be liability.

Thanks for watching.

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