A report of an incident at a hotel might only be short, perhaps a couple of paragraphs. The report lists guests, details the disturbance, names the staff who responded and also records when management was notified.
For an attorney, that report might cause more questions than it answers. Who was responsible for supervising the workers that were involved? Was surveillance footage preserved? Did the property adhere to its established guidelines? Are there any earlier interactions which were not recorded?
These issues illustrate why hospitality litigation usually calls for an examination of regular documents of business before witness testimony commences.
Begin by examining the documents made in normal operation
The hospitality industry’s businesses keep records of guest service, scheduling guest service as well as security, training and management. These records were not always made for litigation but they could be used to determine the operation of the establishment during an incident.
A professional witness in hospitality could review the staffing schedules and operating procedures, as in addition to employee training files, logs of security, as well as recordings from surveillance cameras to determine what responsibilities are assigned to each employee. For instance the written policy may call for a supervisor to act when an employee has a complaint about an intoxicated guest.
The investigation should determine if the manager was working and if the report was communicated, and what response the available evidence documents. The goal is to evaluate actual operations rather than assume that written guidelines were followed or ignored.
There is a need for an independent analysis of the restaurant’s registers
Restaurant investigations are challenging because employees must divide their time between cooking food serving customers, as well as managing the dining room. An expert witness in the restaurant industry can explain how employees’ decisions affect their decisions based on these responsibilities.
Think about a dining-room incident that involves the customer who purchased alcohol at the bar before moving to a table. The bar receipt can prove the initial purchase while the records of dining-room transactions record later purchases.
These records might not show what the server was aware of about the prior service. Examining the server assignments, transaction times notes of management and employee records together can assist in determining the order. An important distinction remains: the evidence of alcohol consumption is not automatically evidence that employees were aware of intoxication.
Casino Investigations may require different records
Casinos have beverage programs that are different from the ones offered by eateries. Other sources of information include complimentary drinks as well as mobile cocktail servers, and gaming floor supervisors.
A Casino expert witness may review beverage staffing assignments, surveillance footage, security reports, and procedures governing employee communication. The standard sales receipt may not be accurate in the event of complimentary beverages.
In these circumstances the investigation might rely more heavily upon surveillance, employee observations, service records, and property’s documented procedures. The expert must also identify shortcomings in the evidence instead of relying on an insufficient record as proof of an incident.
Make sure you save the evidence prior to when it becomes unavailable
The preservation of records that are sensitive is a significant issue for hospitality litigation. Some surveillance systems only keep records for a specific period of time. Different departments or systems can keep employee calendars, internal communications and incidental records. Attorneys must locate and secure the records that may be pertinent as soon as they are able.
The scope of the investigation depends on the type of accusations. The scope of the investigation will depend on the allegations. A targeted review can identify what records are essential without presuming that every department was involved.
The Paperwork is a Result of operational experience
Preston Rideout, a hospitality professional since 1996, has worked in bartending and nightclub management in addition to multi-unit drink operations. Rideout Hospitality Consulting was established in 2010 and has been providing recommendations to restaurants, hotels and resort operators across the United States.
He has served as an expert witness in trials involving hotels, casinos, resorts and restaurants for both the plaintiffs and defense counsel. It’s useful to have some experience in hospitality management to interpret documents that look simple for those not familiar with the business.
A staffing plan can, for example, identify the employees assigned to work. Knowing if the assignments offered adequate supervision is dependent on knowing the service model of the facility and its operating conditions.
To help build a stronger case to build a stronger case, ask more questions
An early expert review will help lawyers distinguish between evidence-based facts and questions that remain unanswered. It can help determine which records are worth requesting or clarifying the terms used to describe depositions.
It is not necessary to prove that a written policy was followed when there are divergences.
The importance of expert analysis is to explain those distinctions through relevant evidence and recognized industry practices. Understanding the business before conducting an investigation into employees in a hotel case can assist attorneys in preparing the case for a more focused and credible examination.