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.
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