Is an employer liable for employee misconduct at “after-hours” gatherings? When a trial court adopted a narrow view of what constituted “the workplace,” an appeals court weighed in using a “totality of the circumstances” test.
Party, the After-Party, and After-Party Complaints
Kelly Phelps worked as a server at a state park restaurant in Tennessee. On October 17, 2017, she and other park employees were strongly encouraged to attend a state-sponsored “adults only” Halloween costume party at the restaurant where many of them worked. At the party, which was planned and thrown by Phelps’ two direct supervisors, employees were encouraged to drink, given “buy-one-get-one-free” drink coupons, and sold homemade Jell-O shots.
