The Supreme Court of Montana has ruled that an employer must pay workers' compensation benefits for an intoxicated employer who fell from a balcony during a conference. Overturning a lower court's ruling, the state supreme court held that the employee's after-hours drinking did not negate his widow's workers' compensation claim (Mindy Van Fleet v. Montana Association of Counties Workers' Compensation Trust, Montana Supreme Court, No. 04-206, 2004)
An employer may be held liable for vehicular manslaughter committed by an employee after hours. An employee became intoxicated at a company party and then later, after he had returned home and then left again, crashed into another car, killing the driver. The parents of the victim may sue the employer because the employee was acting within the scope of his employment when he got drunk.