Bit of Fun: Post-holiday Party Settlement Agreement

This agreement is entered into by and between The Company and [Employee Name] (“Employee”).

WHEREAS The Company hosted a holiday party on December 2, 2025, which has since come to be known as “The Fiasco”;

WHEREAS Employee claims to have been injured at The Fiasco, whether physically, psychologically, or otherwise; and

WHEREAS The Company contracted with a third party, G. Rinch Works, to identify and provide a “Santa” and “Elves” to entertain employes at The Fiasco but has since learned that the contractor The Company used did not perform appropriate background checks on the “Santa” and “Elves” it provided to The Company;

The parties hereby enter into the following Settlement Agreement:

First, The Company acknowledges, mistakes were made. But we think it’s pretty clear no ill will was intended by The Company, and we’ll explain what we mean.

The “nonalcoholic” punch got spiked. Not by us. If you have a memory of the evening of December 2, then you will remember that The Company made and provided for general consumption a large punch bowl filled with caffeine-free soda mixed with fruit punch and pieces of fruit. However, video surveillance footage has since revealed that the “Elves” arrived with a bottle of (apparently high-proof, tasteless) alcohol and dumped the entire bottle into the bowl when no one was looking. This event precipitated many of the disastrous series of events that followed. Specifically:

• The band, which The Company hired to play a happy mix of holiday music, drank a significant volume of the “nonalcoholic” punch and began playing high-intensity rock music, inspiring the CFO and some others to attempt crowd surfing. There have been complaints that groping may have occurred during the incident. Extensive internal interviews have revealed that those with a memory of the evening do not describe intentional harassment but, rather, inadvertence among the tomfoolery. All the same, we do not condone this behavior.
• “Santa”—it has been reported—came across as “creepy” when he repeatedly insisted in a slurry voice that employees sit on his lap. We have confirmed that “Santa” was drinking the “nonalcoholic” punch. We have not been able to confirm whether he knew what the “Elves” had done to it.
• We hope it is obvious that the wrong party favors were given out. The Company contracted with another third party to supply appropriate and nicely wrapped party favors, but it got our order mixed up with the order for a bachelor party. The Company did not realize what was in the packages given out as party favors at The Fiasco until employees began opening them. We apologize.
• The Company thought it would be a fun bonding activity if employees could enter a photo booth and take holiday photos together. As you may have surmised, the photo booth arrived in “Retirement Party Mode.” The Company certainly did not request that the machine be in that mode. We specifically requested “Professional Holiday Mode.” That is why photos from the booth contained phrases many have found to be insulting examples of age discrimination. We apologize that the photos taken at the holiday party appeared to suggest that everyone retire. The Company does not think and would never joke, for example, that any of its employees ever went “dining with T-Rex,” that they say “What?” because they were born before sound was invented, or that they must retire before they can be “happy on Mondays.”

The Company promises that in the future, it will abide by the following holiday party guidelines:

• Any “Santa” and “Elves” employed by The Company in the future will first undergo (1) a background check conducted by The Company and (2) comprehensive sexual harassment training provided by The Company or its attorneys. We think “Santa’s” repeated requests that our employees sit on his lap were innocent. However, we recognize that they were unwelcome for many.
• All drink stations will have a minimum of two employees assigned to ensure that the drinks are not tampered with. Alternatively, The Company will serve only sealed beverages in individual serving sizes. As we hope is obvious, we respect employees’ decision to abstain from drinking alcohol and/or to designate drivers, and we would never attempt to trick anyone into imbibing any intoxicant.
• Any party favors or future employee gifts will be thoroughly inspected by The Company’s Human Resources team before being provided to employees.

In addition, Employee will be paid a bonus of $1,000. This payment will show up as “Fiasco Bonus 2025” on pay stubs.

As consideration for the above apologies, promises, and bonus payment, Employee agrees not to sue The Company over the events of December 2, 2025.

The Company has just one holiday wish this year: Please, please sign below.

Employee signature and date:                                                                         

Kaitlin L.H. Robidoux is an attorney with Steptoe & Johnson PLLC in Bridgeport, West Virginia, and can be reached at kaitlin.robidoux@steptoe-johnson.com.

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