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Is Super Bowl a Risk to your Business: Fort Lauderdale Law Firm Fisher & Phillips Reminds Employers that Super Bowl Fever Needs to be Managed
Posted February 1, 2012
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Are you ready for some football...and the Super Bowl office-related issues that may come with it? With the big game fast approaching, employers can bet (pun intended) that many employees may do more than just talk about the game at work. As the game of the year draws near, employers should be aware of potential pitfalls.
Office Pools and Gambling Issues
Super Bowl office pools may be a popular way for co-workers to bond, build camaraderie, and increase morale. However, employers must be aware of the potential legal liabilities if they allow employee betting pools to take place in the office. The Florida laws prohibiting gambling are very broad and arguably would cover office pools.
"If a company does choose to allow its employees to participate in office wagering, it is best to keep these betting pools simple, voluntarily organized by employees, restricted to participants within the company and limited to lunchtime or during employee breaks, and not have it take away time from actual work. Company leaders should also refrain from participation," said Charles Caulkins, managing partner with the Fort Lauderdale office of Fisher & Phillips. "It is important to stress that the pool is not sponsored by the company."
In the Aftermath
In 2010, 1.5 million Americans didn't show up for work on the Monday after the big game, and an estimated 4.4 million showed up late. Regardless of how an employer feels about the outcome of the game, these statistics can mean a significant loss of productivity. To help reduce the number of late or absent employees, an employer should review the company's attendance policy with employees before Super Bowl weekend to ensure the rules and consequences are clear.
For super fans, the Super Bowl can drum up emotions which may lead to poor decisions the following day at work. One of the more extreme examples involves a Chicago car salesman who was famously fired last year for wearing a Green Bay Packers tie to work, following the Chicago Bears' Super Bowl loss. Although this may sound illegal, the dealership manager acted within the law when he fired the salesman. Illinois follows the employment at-will doctrine and rooting for one's favorite team is not otherwise protected by federal or state law. In Florida, the termination would have been lawful too.
"Unless the employee has a contract guaranteeing the length of employment, the employer is legally allowed to fire him or her for almost any reason," said Caulkins. Exceptions to this could include discrimination against race, gender, religion, age, or a category protected by state or federal law.
About Fisher & Phillips LLP represents employers nationally in labor, employment, civil rights, employee benefits and immigration matters. The firm has 270 attorneys in 27 offices. Founded in 1943, it is one of the largest U.S. law firms to concentrate its practice exclusively upon representation of employers in labor and employment matters. In addition to the Fort Lauderdale office, the firm has offices in Atlanta, Boston, Charlotte, Chicago, Cleveland, Columbia, Dallas, Denver, Houston, Irvine, Kansas City, Las Vegas, Los Angeles, Louisville, Memphis, New England, New Jersey, New Orleans, Orlando, Philadelphia, Phoenix, Portland, San Diego, San Francisco, Tampa, and Washington, D.C.
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