ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: SUNDAY, May 22, 1994                   TAG: 9405210005
SECTION: BUSINESS                    PAGE: F-2   EDITION: METRO 
SOURCE: By L.M. SIXEL HOUSTON CHRONICLE
DATELINE:                                 LENGTH: Medium


WAGERING IS POPULAR, BUT ILLEGAL IN MOST STATES

You know those friendly office pools where co-workers pitch in a buck or two to bet on professional baseball or basketball games?

Well, they're technically illegal in most states, including Virginia. But they're popular because they provide a few thrills and promote camaraderie at work. And most managers probably overlook gambling at work because they like to play just as much as anyone.

The pools often start with the accountants or similar front-office departments. There's a kitty for whoever gets closest to the score on the Monday night football game.

It costs a buck to play. There are 100 blocks to choose from and winners are chosen after every quarter of the game.

``It's more fun to have four winners than one,'' says a Houston utility employee, who asked for anonymity because he doesn't want to advertise his petty gambling. Four winners collect $25 each instead of one person taking the whole $100 pot.

Employees who are part of a pool identify with their colleagues, says Mark Mallinger, professor of management at Pepperdine University in Malibu, Calif.

So much of life is gray and nebulous, but with sports, there's a clear winner and loser, Mallinger said. And when you're crowned a winner, there is a certain ego boost associated with that, he added.

But gambling at work can be detrimental if the stakes get too high, Mallinger says. Losers can become disenchanted if they miss out on a big purse, creating animosity in an organization.

He notes that those big bets can distract the players from their work.

A human resources manager at a Houston manufacturing company reported escalating problems after two employees fought over a pool.

Employees at the company belonged to a Christmas club, with each contributing $20 a week. One of the 10 participants would get the entire kitty each week. All was going well until one member accused another of not paying his $20, the manager says. The rift became disruptive, with the accuser going to the accused's desk and demanding the money.

To avoid those kinds of problems, it's best not to bet at work, the manager says. In fact, he now frowns on any type of money exchange - even raffles.

Some employees will bet on anything.

There are pools where people bet on the next famous person to die, baby pools where employees bet on the date and time a co-worker's youngster will come into the world, and a fantasy football league in which participants choose players and keep tabs on game statistics.

While most of us enjoy a chance to bet on who's going to win the Super Bowl or the Final Four, the district attorney's office takes a dim view of it.

According to Mike Anderson, a Harris County, Texas, assistant district attorney, betting in the office is illegal because the office is generally a public place - like streets, highways, schools, hospitals, common areas of motels, apartments and shops, where gambling also is illegal.

In Virginia, workplace betting is considered a form of gambling, which is illegal under a broad definition. State law defines gambling as any bet or wager in which money or something else of value is exchanged for a chance to win a prize, dependent on the result of a game or contest.

Virginia law makes a participant guilty of a misdemeanor and the operator guilt of a felony.

Excemptions to the law include some bingo games, certain sporting events and the state lottery.

States generally outlawed gambling of all types at the turn of the century. Exceptions are made state by state for lotteries, riverboat gambling and casinos. In 1992, Congress prohibited state-sponsored sports gambling, with a couple of exceptions.

Bets made in a private place, such as a home, however, are legal if everyone betting has an equal chance of winning or losing and the house doesn't take a cut.

That said, an employer can legally prohibit any gambling activity whatsoever during working time or on the premises, says Tommy Simmons, an attorney who works for the Texas Employment Commissioner in Austin.

``You can argue that an employer has a duty to prohibit it,'' Simmons says.

Even though office pools aren't legal, the laws against them are seldom if ever enforced. Stephen Klineberg, professor of sociology at Rice University in Houston, believes they will probably spread in popularity.

``It's part of the price we're paying for the lottery,'' Klineberg says. ``The lottery has suddenly made gambling an OK thing to do.''



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