An event was hosted by another consulting company from 5:30-7:30.
They were basically feeding us free drinks.
I stayed until almost midnight and an MD was there. Drank way too much.
To 1-2 guys on the side a bit before, I said "yo yo ni****a" jokingly once or twice and "that asian b***" when referring about a girl who was no longer there who kept getting us drinks. None of this was pointed at anybody, and they were white. But they were like "what are you saying..."
Then at the end, the one guy cuts me off in front of the MD saying i should go home because i'm drunk. And i respond super loud and tell him to stfu and let me give my opinion.
So now they opened up something with HR.
How screwed am I? I've apologized to all involved, and i'm fairly important for my team but not indispensible obv. Worked at the company for 6 years.
Meanwhile on a rational discussion, here is AI comment:
Yes, an employer can be held culpable for an employee's racist comments, particularly if the incident occurs at a company-sponsored event where alcohol is provided. While supplying alcohol does not automatically make an employer liable, it significantly increases their risk of culpability, especially if they failed to take reasonable precautions.
How an employer can be held liable
Hostile work environment: An employer has a legal duty to prevent and correct unlawful harassment, which includes racist comments. If the remarks contribute to a "hostile work environment," the employer can be held liable. The severity of the comment is a key factor, and in some jurisdictions, even a single severe racial slur can create employer liability.
Negligence: An employer can be found negligent if they should have known about the potential for harassment and failed to act. This can be especially relevant if an employee is known to be a problem drinker or has a history of making offensive remarks.
Encouraging consumption: If the employer encouraged or pressured employees to drink, they could be held responsible for the resulting misconduct. An open bar, for example, is often viewed as encouraging overconsumption.
Vicarious liability: The "scope of employment" can extend to company-sponsored events like holiday parties. If the party is related to work, the employer can be held legally responsible for an employee's actions under vicarious liability.
Supervisor vs. non-supervisor: The employer's liability often depends on the harasser's role. An employer is automatically liable for harassment by a supervisor that results in a hostile work environment, unless they can prove they took reasonable steps to prevent it.
For non-supervisory employees, the employer is liable if they knew or should have known about the conduct and failed to take corrective action.
Mitigating employer risk
To limit liability, particularly when serving alcohol, employers should take proactive steps:
Provide anti-harassment training: Clearly communicate the company's anti-harassment policies, and remind employees that these rules apply at company events, even if they are off-site.
Manage alcohol consumption: Take measures to control alcohol consumption, such as limiting the number of drinks per person, serving plenty of food and non-alcoholic drinks, and using professional bartenders who can monitor intoxication.
Plan for safe transportation: Offer transportation alternatives like rideshare vouchers, taxis, or designated drivers to ensure employees can get home safely. Investigate and document: All complaints of misconduct should be taken seriously and investigated promptly. The investigation and resulting disciplinary actions should be thoroughly documented.
Consult legal counsel: Because employment and liability laws vary by state, employers should consult a lawyer to ensure their policies and actions comply with local regulations.
This post was edited 1 minute after it was posted.
No. It's the responsibility of the employee who has the job to monitor his own drinking regardless of a tab. A tab is only monetary and establishes no culpability to a party other than that they paid, if they paid.
A payor is not the selfsame person or an assessor of affects of alcohol as they simply are responsible for the bill.
This individual who actually did the actions is solely responsible and no actual jointly exists here because the MD did not encourage nor participate in the rhetorical exchange.
What are you defending here?
I am not defending something the OP admitted to. On the other hand, alcohol is a problem in this country, and I have experienced employer complicity. The MD could have shut the party down, he chose not to, and something damaging to the company occurred.
Can you seriously tell me that you would find the perpetrator to be less of a problem because it's the MD's extension of time that caused the person who drank to misbehave in a way that the workplace became scared?
As noted above the MD and company has some responsibility for the indiscretions of the employee.
Take a fraternity/sorority ice cream social...now I never rushed so I never pledged.. but I'm assuming ice cream equals alcohol as does everything else.
So take sigma chi omega I think that is a fraternity. They have an ice... vodka social with the tri-delts..
And Ben feels Shawna up until she screams and leaves the party because she feels violated
You didn't though. I was a religious watcher of DCC: Making the Team and really wanted Karissa Lynae to make it.. she was so sweet
I digress... several of the young women didn't make the team because of posts they made of themselves at parties that were bad publicity for the Dallas Cowboys Cheerleaders moving forward.
Ms Finglass didn't play.
In real life, you're your own publicity with a representative of yourself.
Thousands of people drank that night without an HR referral
Some probably did and some probably got arrested.
But that's their case.
This is this case with his own irresponsible behavior.
Your argument is not complete here because you put too little culpability on the drinker
Manage alcohol consumption: Take measures to control alcohol consumption, such as limiting the number of drinks per person, serving plenty of food and non-alcoholic drinks, and using professional bartenders who can monitor intoxication.
Plan for safe transportation: Offer transportation alternatives like rideshare vouchers, taxis, or designated drivers to ensure employees can get home safely.
Investigate and document: All complaints of misconduct should be taken seriously and investigated promptly. The investigation and resulting disciplinary actions should be thoroughly documented.
Consult legal counsel: Because employment and liability laws vary by state, employers should consult a lawyer to ensure their policies and actions comply with local regulations.
You didn't though. I was a religious watcher of DCC: Making the Team and really wanted Karissa Lynae to make it.. she was so sweet
I digress... several of the young women didn't make the team because of posts they made of themselves at parties that were bad publicity for the Dallas Cowboys Cheerleaders moving forward.
Ms Finglass didn't play.
In real life, you're your own publicity with a representative of yourself.
Thousands of people drank that night without an HR referral
Some probably did and some probably got arrested.
But that's their case.
This is this case with his own irresponsible behavior.
Your argument is not complete here because you put too little culpability on the drinker
And ghost.. I'm going to bring out my top secret ace in the hole...I used to be stoppit Smith and Honest Mike here and practically everyone hates me. So if they are agreeing with my opinion.. which is the same as the one with my other names... consider you might be wrong here
Manage alcohol consumption: Take measures to control alcohol consumption, such as limiting the number of drinks per person, serving plenty of food and non-alcoholic drinks, and using professional bartenders who can monitor intoxication.
Plan for safe transportation: Offer transportation alternatives like rideshare vouchers, taxis, or designated drivers to ensure employees can get home safely.
Investigate and document: All complaints of misconduct should be taken seriously and investigated promptly. The investigation and resulting disciplinary actions should be thoroughly documented.
Consult legal counsel: Because employment and liability laws vary by state, employers should consult a lawyer to ensure their policies and actions comply with local regulations.
The legal company function was from 530-730. I don't care about an MD..they don't operate the company.
If you want to stay after the parameters of the function then you are doing you. Real life pal.
I believe those who were victimized by the OP were convincing enough for HR.
Sure he can consult legal... but he's wrong... are you trying to get paid to be his counsel
You didn't though. I was a religious watcher of DCC: Making the Team and really wanted Karissa Lynae to make it.. she was so sweet
I digress... several of the young women didn't make the team because of posts they made of themselves at parties that were bad publicity for the Dallas Cowboys Cheerleaders moving forward.
Ms Finglass didn't play.
In real life, you're your own publicity with a representative of yourself.
Thousands of people drank that night without an HR referral
Some probably did and some probably got arrested.
But that's their case.
This is this case with his own irresponsible behavior.
Your argument is not complete here because you put too little culpability on the drinker
And ghost.. I'm going to bring out my top secret ace in the hole...I used to be stoppit Smith and Honest Mike here and practically everyone hates me. So if they are agreeing with my opinion.. which is the same as the one with my other names... consider you might be wrong here
Funny, but I never absolved Swaglord369 of his responsibility. No matter how drunk I was I would not talk that way. My supposition was the firm may have some culpability here. You have no idea what the MD did or didn’t do. If I was advising a friend, seek legal advice, be very careful what you say, admit nothing until you have spoken with an attorney. This is just common sense advice.
This post was edited 47 seconds after it was posted.
And ghost.. I'm going to bring out my top secret ace in the hole...I used to be stoppit Smith and Honest Mike here and practically everyone hates me. So if they are agreeing with my opinion.. which is the same as the one with my other names... consider you might be wrong here
Funny, but I never absolved Swaglord369 of his responsibility. No matter how drunk I was I would not talk that way. My supposition was the firm may have some culpability here. You have no idea what the MD did or didn’t do. If I was advising a friend, seek legal advice, be very careful what you say, admit nothing until you have spoken with an attorney. This is just common sense advice.
If you're an attorney, don't even practice anymore because you skew American law