DUI / Company Liability - Manager holds meetings in bar

[kdroa94]

What is the name of your state? NJ

I have a different situation. My spouse attends business meetings during (mostly) and after business hours, usually ad-hoc. Her manager prefers to run meetings at a bar nearby 2-3 times a week that I'm aware of. These outings are not expensed or company sanctioned. My wife usually has a few drinks during these meetings and they usually take turns buying rounds. Sometimes it may be just the 2 of them often it's with other people in the group.

My wife's position in this is she supports her manager as it gets them out of the office to review and plan business related issues. If she does attend, she is not "in the loop" and of course affects her career growth. I have told her that as a manager myself, I do not agree with her boss conducting business as such. If a manager in my company was found to do such "outings" he/she would immediately be dismissed. Their HR may not be aware of such outings but higher levels of management do attend these at times. As it is her manager is at a director level.

My concern is I have seen my wife come home from a 30 minute drive showing good motor control but questionably DUI.

Questions:

1. If she gets caught or worst gets involved in an accident, is her manager or company liable? Are there past cases on this?

2. Can I anonymously write her company HR to notify them of such activities and state my position noting I will hold them liable for any harm or damage? I may also seek legal counsel to officially send the letter. Is that the best way?

3. Is my wife accountable for her actions and participation?

[CdwJava]

Originally Posted by kdroa94

1. If she gets caught or worst gets involved in an accident, is her manager or company liable? Are there past cases on this?

Criminally? No liability.

Civilly, MAYBE some liability if she gets a great attorney that can demonstrate that due to the social climate, etc. she felt she could not decline any alcohol. But that would be a tough road. And she would satill have a DUI to contend with if it got that far.

2. Can I anonymously write her company HR to notify them of such activities and state my position noting I will hold them liable for any harm or damage? I may also seek legal counsel to officially send the letter. Is that the best way?

You can do anything you want. The question is: Will it have any effect?

If you don't want your wife to attend those meetings, then ask her not to attend them. If she must, she can order a soda or coffee - that's what I do when I'm in a bar.

Since she has options, you aren't likely to be able to hold the employer accountable for ANYTHING should something happen to her due to her own alcohol consumption.

3. Is my wife accountable for her actions and participation?

Most definitely.

- Carl

[BigMistakeFl]

I've attended many business meetings in bars, and while I don't think they are a good idea for many reasons (drunk driving, drunk gossip, drunk decision making, etc) they seem to be a part of some work places. You can elect not to attend, but then you will be one of the topics of conversation, or won't be thought of as a "team player". Best bet, as advised above, drink coffee or a soda. If you don't like that, order a non-al beer on the sly, slip the server a tip and ask him / her to continue serving those to you already poured in a mug so no one is the wiser. That is only if you feel collegues will give you a hard time about not drinking. People are weird when they drink. Club soda with lime is another such option. But jeeze; you don't have to drink just because you're in a bar.

As for liability, yes in a civil action, it's possible. A PI lawyer will attempt to name every single possible party in a big injury suit, should a drunk driver cause injury or death. Often many said parties settle out quickly or testify against the other parties, all part of the game.

[dfw_girl]

Originally Posted by kdroa94

What is the name of your state? NJ

I have a different situation. My spouse attends business meetings during (mostly) and after business hours, usually ad-hoc. Her manager prefers to run meetings at a bar nearby 2-3 times a week that I'm aware of. These outings are not expensed or company sanctioned. My wife usually has a few drinks during these meetings and they usually take turns buying rounds. Sometimes it may be just the 2 of them often it's with other people in the group.

My wife's position in this is she supports her manager as it gets them out of the office to review and plan business related issues. If she does attend, she is not "in the loop" and of course affects her career growth. I have told her that as a manager myself, I do not agree with her boss conducting business as such. If a manager in my company was found to do such "outings" he/she would immediately be dismissed. Their HR may not be aware of such outings but higher levels of management do attend these at times. As it is her manager is at a director level.

My concern is I have seen my wife come home from a 30 minute drive showing good motor control but questionably DUI.

Questions:

1. If she gets caught or worst gets involved in an accident, is her manager or company liable? Are there past cases on this?

2. Can I anonymously write her company HR to notify them of such activities and state my position noting I will hold them liable for any harm or damage? I may also seek legal counsel to officially send the letter. Is that the best way?

3. Is my wife accountable for her actions and participation?

I'd write her company HR dept about it ASAP. You say that it is 2 to 3 times a week for a few hours at a time... And if she doesn't attend these so called meetings then she'll be out of the loop... That doesn't seem right.

Your wife will be accountable and should be accountable for her actions, she is the only one that should be accountable as she chooses to attend these functions. If she has an issue with it, then she needs to go to the HR department and voice her issues.

If the company and her boss requires this of her, then it should be brought to the companies HR dept's attn.

[kdroa94]

Thank you all for your replies and insight. I definitely will try to go the notifying the HR route.

Hopefully that influences them to do something about it.