An incident report for a hotel might only be one or two paragraphs. It will include the name of the guest, a description of the issue as well as the names of the personnel who attended to the incident.
The investigation could bring up more than one question to an attorney. Who was the person in charge of the employees in this case? Was surveillance footage preserved? Did the facility follow its policies? Did you have any previous interactions that weren’t disclosed?
These questions illustrate why it is crucial to look over business records prior to testimony of witnesses in litigation involving hospitality.
Begin With the Documents Produced in Normal Operation
Hotels and restaurants keep track of schedules, guest service as well as security, training and management. These documents were not necessarily made for litigation but they could be used to prove how the facility operated during an incident.
A professional witness in hospitality may review staffing schedules and operating procedures, as well as employee training files as well as security logs, as well as recordings from surveillance cameras to determine the responsibilities that are assigned to each person. Written policies may demand managers to address an employee who reports an intoxicated customer.
The investigation should determine if the manager was in fact working and if the report was distributed, and what response the evidence reveals. The goal is to analyze actual actions rather than to assume that the procedures written down were followed or ignored.
The way to interpret restaurant records is different
Restaurant investigations present challenges because employees are split between food service, beverage preparation as well as customer demands and the management of the dining room. A restaurant expert witness can provide an explanation of how these responsibilities influence the choices employees make during service.
Imagine a dining room incident that involved a customer who ordered alcohol at the bar before moving to a table. The bar receipt will document the initial order, while dining-room records will show the more recent orders.
However, the records may not establish the information that the table server had about the earlier service. Examining server assignments, transaction time notes of management and employee records together can help to clarify the process. One important point to remember is: evidence that alcohol was purchased does not necessarily mean that employees were aware of intoxication.
Casino Investigations May require different documents
Casinos have beverage programs which are distinct from those that are offered by restaurants. Free drinks, mobile cocktail servers, gaming-floor supervisors, as well as extensive security operations are further sources of information.
A professional witness from a casino can look over the staffing assignments for beverages along with surveillance footage, security reports and employee communications procedures. If the beverages are offered in a free service, the traditional receipts for sales can be inadequate.
In those instances the investigation could rely more heavily on surveillance records employees’ observations, employee records, and process of the property’s documents. The expert also needs to recognize limitations in the evidence instead of relying on an insufficient document as evidence of a specific event.
Make sure you save the evidence prior to when it’s no longer available
The preservation of records that are sensitive is a significant issue for litigation involving hospitality. Surveillance systems’ records can be retained for a brief duration. Different departments or systems may keep employee calendars, internal communication and incidental records. Attorneys need to identify relevant documents and take appropriate actions early.
The extent of the investigation is contingent on the nature of the allegations. A restaurant complaint may require documentation for dining and bar areas, while a resort incident may require event documentation, transportation arrangements, and security communications. A targeted review helps establish which records are relevant without presuming that every department had some function.
Making sense of paperwork is much easier when you have experience in the field.
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 restaurant, hotel, and resort operators across the United States and internationally.
His work as an expert witness includes matters involving restaurants, hotels, resorts, and casinos for defense and plaintiff counsel. The operational background can be useful in the interpretation of records that seem simple to someone not familiar with the management of hospitality.
A staffing schedule is a good example. It lists those who were assigned to work. Knowing the service model and the operational environment of a building is necessary to determine whether these assignments will provide the appropriate supervision.
To build a stronger case, ask better questions
An early review by an expert can assist attorneys in separating evidence-based facts and questions that remain unanswered. It can help identify other records that are worth seeking, clarify the what the legal terminology is for depositions and establish which employee decisions require closer examination.
It is not required to prove that a written policy was adhered to if there are discrepancies.
The benefit of expert analysis lies in explaining these distinctions using relevant evidence and accepted industry practices. Understanding the business before conducting an investigation into employees in a hotel case can help attorneys prepare an argument that is more focused and credible examination.