The hotel incident reports may just be a few paragraphs. The report names guests who were involved, outlines the disturbance, names the people who responded, and records the time management was notified.
This report could raise more questions for an attorney than it will be able to be able to. Who was the supervisor of the employees who were involved in this incident? Was surveillance footage preserved? Did the property follow prescribed procedures? Were there earlier interactions that were not recorded in the reports?
This is the reasons why it is sometimes necessary to review business records prior to when an individual witness is called to testify in a lawsuit regarding hospitality.
Begin by looking over the documents that were created in normal business operations.
Records are maintained by hospitality businesses for scheduling staff training, guest services and security, as well as management and many more. Although these records were not intended to be used in court however, they can be useful in documenting how a facility performed during a specific incident.
An expert witness in the field of hospitality might review staffing plans and operating procedures, as in addition to employee training files as well as security logs, as well as recordings from surveillance cameras to determine the responsibilities that are assigned to each employee. For instance an example, a policy that is official may state that the manager must react when an employee notifies them of a drunk client.
Investigating whether or if the manager was actually working and whether or not the report had been communicated and the reaction supported by evidence should be the primary objective. It is much more important to assess actual operations than to assume that written instructions were followed or not observed.
Restaurant Records require their own Interpretation
Restaurant investigations can be difficult since employees must split their time between food preparation serving customers, as well as managing the dining area. A qualified witness in the restaurant industry could help clarify how the decisions of employees are influenced by their responsibilities.
Imagine that a client ordered alcohol at the bar before being moved to tables. The bar receipt could record the order at first, while dining-room records will show the later orders.
But, these records may not establish the information that the table server had about the prior service. Looking at all the data together such as server assignments and time-of-transactions and management notes and employee statements can help to understand the process. The key difference is: evidence that alcohol was purchased does not mean that the staff member was intoxicated.
Casino Investigations May require different documents
Casinos have drink programs that are different from those offered by eateries. Free drinks, mobile cocktail servers, gaming floor supervisors as well as extensive security operations are further sources of information.
A Casino expert witness could review the beverage staffing arrangements, surveillance footage, security reports and the procedures that govern employee communications. Traditional sales receipts can be insufficient when beverages are free.
In these circumstances an investigation can rely heavily on the surveillance, employee observation and service records as well as the procedures documented by the premises. Experts should be aware of the limitations of evidence, rather than relying on insufficient data as proof.
Save the Evidence Prior to It Does Not Remain Available
One issue that can arise in the hospitality litigation field is the preservation of time-sensitive records. Certain surveillance systems can only store records for a specific period of time. Schedules of employees, internal communications and incident records may be stored in different departments or in different systems. Attorneys should be able to locate relevant records and take the appropriate measures early.
The scope of the investigation varies on the type of allegations. The scope of the investigation will be contingent on the accusations. A targeted review helps establish what records are important without presuming that every department had any part.
Making sense of paperwork is much easier when you have operational experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Rideout Hospitality Consulting was established in 2010 and has since provided guidance to hotels, restaurants and resort operators throughout the United States.
He has been an expert witness in the case of hotels, casinos, resorts and restaurants for both plaintiffs’ and defense counsel. This knowledge of operations is beneficial in the interpretation of records that could seem easy to a person who isn’t familiar with hospitality management.
A staffing plan is one example. It identifies the employees assigned to work. The service model and operational conditions of a property is vital to determine if these assignments provide appropriate supervision.
Clarity in the questions is the first step to a stronger argument
An early expert review helps attorneys differentiate evidence-based facts from issues that remain unresolved. It may also help identify what records are worth requesting or defining the terms used to describe depositions.
Every discrepancy is not an operational failure and not every written policy demonstrates that the proper procedures were followed.
Expert analysis in hospitality is valuable in demonstrating the differences using evidence and industry-recognized practices. Understanding the operation prior to conducting an investigation into employees in a hotel situation can assist lawyers in preparing the case for a more focused and credible examination.
