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Lansing's Advice Column

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Dear IMO,

My co-workers asked me to take part in the office super bowl pool. It's only a dollar per square, but I wasn't very comfortable putting my name down as the organizer of the pool did not get permission from the manager. Am I being overly cautious? Are there legal/ethical issues to consider before placing these small bets?

Thanks,
Mary Beth

Dear Mary Beth,

Any activity in an office that brings people together for enjoyment and camaraderie is a good way to maintain office harmony and promote workplace productivity. Office sponsored events like appreciation dinners and picnics provide employees with a sense of self-worth and appreciation. Other events, like an office pool may appear to serve the same function, but there are a few things to consider.

Most states prohibit gambling of any sort and those convicted face a misdemeanor charge and could serve jail time and/or be fined. New York State prohibits all form of gambling with the exception of legalized gambling associated with parimutual betting at horse races, the state-run lottery and casinos, Indian-Run casinos, and religious, charitable, and non-profit groups to conduct games of chance. Office pools, of any sort, are not included among the exceptions. These laws are intended to protect both employers as well as individuals.

Office pools can be a source of deeper concern as they may violate office policy. The organizer of any pool ought to seek permission from management. Many managers will not give permission as they may open up the company to civil suits for employment discrimination and sexual harassment. As you can see, a simple, harmless betting pool can turn into a disaster rather quickly, especially when individuals invest both emotional and financial resources into their favorite team.

Now IMO does not want to be a party pooper, and on occasion, has been known to bet his mother-in-law (a die-hard Buckeye fan) a nickel on the Ohio State/Michigan Football Game. So what to do? Perhaps you can suggest at the next monthly staff meeting that the office host a party for next year's super bowl with a twist. All employees can enter a pool which has no upfront costs. Instead of cash prizes, the office can give out gifts to employees with the winning numbers. These gifts could include movie tickets, gift cards, meal vouchers, and something really appropriate-gas cards. This might be the ticket to a fun event whereby everyone could come out a winner.

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