High Court Holds You Have a Right to "not be a fun guy" - Just in Time for the Holiday Party Season!

My mom tried to prepare me for the seriousness of the world of work by saying, “That’s why work is spelled w-o-r-k, and not f-u-n.”  Hmmm.  It seems the pendulum has swung widely far afield from that old truism over the past 50 years. But a recent decision by the highest court in France may foretell a return to moderation – and just in time for the holiday party season.                              

Mr. T (yes, really, Mr. T) sued his employer for wrongful termination.  His employer, Cubik Partners, a consulting firm, said he was fired for professional incompetence; however, Mr. T’s actual work performance records showed that he had more than met performance requirements.  Where Mr. T had failed was in adhering to the company’s values of “Fun and pro, that’s our motto!”  Cubik Partners’ company values manifested themselves in mandatory work events featuring excessive alcohol, bullying, promiscuity and mock sex acts, and “incitement to various excesses.”  Mr. T’s refusal to continue to participate in this conduct was the real reason for his termination, a reason the court held violated Mr. T’s right to freedom of expression and opinion.   Mr. T’s claim for $500,000.00 in damages is now under consideration with the French court.

It is hard to believe that any employer today would have a policy of what amounts to enforced and mandatory sexual harassment and excessive drinking as a required part of an employee’s job duties.  But I have surely seen it.  I have had more than a few employees consult me on how to cope with/escape from similar “corporate cultures.”

This holiday season, if you are someone who is dreading attending your company holiday party because of its “drink up” focus, here are some tips that may help you cope – until you consult a lawyer for a more effective strategy:

·         Drink a clear alcoholic cocktail, with vodka or gin, and alternate a mixed drink with plain club soda or water.  Get your own drinks and tell the bartender to make them weak (tip him or her well to do this for you).

·         Drink “mocktails”

·         Drink SLOWLY…  and occasionally set a drink down and don’t come back for it

·         Eat food before you go to the party, and while you are there, to help absorb the alcohol

·         If you are maintaining sobriety, have a friend with you to help you deflect the peer pressure

·         Stay at the party a reasonable period of time, greeting everyone you can (and all your bosses), and then have an excuse to leave early.

In today’s world of cell phones, you should act as if someone else at the party is videoing your every move – and posting that video to social media accounts everywhere.  Because that is truly happening. 

Excessive drinking and sexualized behavior have been the death of too many careers.  Don’t let that happen to you.