The incident report for a hotel may be a short document with only a few words. It identifies the guest, describes a disturbance that occurred, names the respondent employees and also records the time management was notified.
As an attorney, that report could be more complicated than it addresses. Who was accountable for supervising these employees? Was surveillance footage preserved? The facility was following its own policies. Was the property involved in earlier interactions that weren’t recorded in the report.
These questions demonstrate the reasons why it is sometimes necessary to look over business records prior witness testimony in a case involving hospitality.
Begin With the Documents Produced During Normal Operations
Records are kept by hospitality businesses for scheduling, guest services, training of staff and security management and many more. These records were not always designed for litigation, but they can be used to document how the facility operated during an incident.
A witness from the hospitality industry will review the schedules of staffing as well as operating procedures, documents for employee training Security logs, security records and surveillance recordings in order to better know what duties are attributable to different employees. For instance, an official policy might state that the manager must react when an employee reports an intoxicated client.
Examining whether or not the manager actually was working and whether or not the report was communicated, and the responses supported by evidence is the objective. It is far more crucial to assess actual operations as opposed to assuming that written directives were followed or not followed.
Restaurant Records Must Have Their Own Interpretation
Restaurant investigations are challenging because employees divide their attention among the preparation of beverages, food service customers’ requests, managing the dining area. An expert witness from a restaurant can clarify the impact of these duties on the decisions taken by employees while they serve.
Take a look at a dining-room situation involving customers who have ordered alcohol at the bar, before moving to a table. The bar receipt will document the initial order, while records for dining rooms will reflect the orders that were later placed.
But, these records might not prove the knowledge of the tableserver about the previous service. Looking over server assignments, transaction time notes of management and employee records together can aid in understanding the sequence. It is important to make an important distinction: simply because alcohol was consumed doesn’t mean the employees were intoxicated.
Casino Investigations might require other records
Casinos have drink programs which are distinct from the ones provided by restaurants. Other sources of information include free drinks as well as mobile cocktail servers, and gaming floor supervisors.
A Casino expert witness may examine beverage staffing assignments, security reports, surveillance footage, and procedures governing employee communication. The standard sales receipt may not be true when complimentary beverages are being served.
In these situations an investigation can rely more heavily on surveillance, employee observation service records, and other documented procedures. The expert should be able recognize any limitations in the evidence, and not simply accept a faulty record.
Keep the Evidence in place before it Does Not Remain Available
Conserving documents with time-sensitive information is a major concern when it comes to litigation related to hospitality. The records from surveillance systems could be retained for a brief duration. Different departments or systems can archive employee calendars, internal communication, and incident documents. Attorneys must locate and secure potentially relevant records as soon as is possible.
The required scope is determined by the nature of the claims. The scope of an investigation will be contingent on the accusations. You can find relevant documents by performing an investigation that is specific, not having to assume that every department was involved.
The process of preparing paperwork is simpler when you have operational experience
Preston Rideout has worked in hospitality since 1996, with experience in bartending, nightclub management, and multi-unit beverage operations. Through Rideout Hospitality Consulting, established in 2010 he has advised the hotel, restaurant and resort operators throughout the United States and internationally.
Expert witness testimony on behalf of plaintiffs and defendants has covered matters involving casinos, resorts and restaurants as well as hotels. It’s beneficial to have some experience in hospitality management to interpret documents that appear simple to those who are not experienced in the field.
A list of staffing plans, for example identifies the employees who were designated to work. The service model and operational conditions of a property is essential to know if the assignments are supervised in a proper manner.
A more convincing case begins with More lucid questions
An early expert review can help attorneys distinguish established facts from ambiguous issues. It can help identify other records worth requesting, clarify operational terminology for depositions, and identify which decisions of employees require more scrutiny.
Not every discrepancy demonstrates an operational flaw or a lack of document proves that the appropriate procedures were followed.
It is the value of an expert’s analysis that demonstrates these distinctions using accepted practice in the field and supporting evidence. Understanding the operation prior to conducting an investigation into employees in a hotel matter can help lawyers prepare the case for a an unbiased and trustworthy examination.
