The Restaurant Manager’s Competing Responsibilities During Dinner Service

The incident report for a hotel may only contain a few sentences. The report lists the guests, describes the incident, names the people who responded, and records the time management was notified.

This report may bring up more questions for an attorney than it could provide an answer. Who was the person in charge of the employees in this matter? Was surveillance footage preserved? Was the property following its rules? Was the property involved in earlier interactions that weren’t included in the report.

These questions illustrate the reason why hospitality litigation typically requires an examination of ordinary business records before testimony of witnesses begins.

Begin with the documents that were created during normal operations

Documents are kept by hospitality companies for scheduling guest services, training for staff and security, as well as management and more. Although these documents weren’t necessarily intended for lawsuits, they can be used to determine the way a property operated during an incident.

A Hospitality expert witness may examine staffing schedules, operating procedures, employee training files, security logs, and surveillance recordings to understand the responsibilities assigned to different personnel. For example, a written policy might call for a supervisor to act to an employee who reports an intoxicated guest.

Investigating the incident should determine whether the manager was working, if the report was sent, and from the evidence what was the response. Instead of simply assuming that processes were adhered to or not It is more important to determine what actual actions were actually carried out.

Restaurant Records Need Their Own Interpretation

The employees are split among the food service, beverage preparation as well as customer service and dining room management. This creates a challenge for investigation into restaurant operations. An expert witness in the restaurant industry will be able to show how decisions made by employees are influenced by their responsibilities.

Imagine a scenario where the client purchased alcohol at the bar before being moved to a table. The bar receipt could record the order at first, while the dining room records will document the orders that were later placed.

But, these records might not provide proof of what the tableserver was aware of about the previous service. Combining the server assignment, transaction time, management notes, and employee records could help in determining the sequence. One important point to remember is: evidence that alcohol was purchased does not mean that the staff member was intoxicated.

Casino Investigations May require different documents

Casinos offer beverage services which differ from the standard restaurant service. Free drinks, mobile cocktail servers, gaming-floor supervisors, and extensive security operations create additional sources of information.

A Casino expert witness could examine beverage staffing assignments, security footage, surveillance reports, and procedures governing employee communications. The typical sales receipt might not be true when complimentary beverages are being served.

In such a case an investigation may be heavily based on the surveillance, employee observation and service records, as well as the procedures that are documented for the building. The expert must also identify any weaknesses in the evidence, rather than treating an incomplete record as proof of an incident.

Keep the evidence until it’s no longer available

The preservation of records that are time sensitive is an issue for the litigation of hospitality. The records from surveillance systems could be saved for a specific time. Different departments or systems could store employee schedules, internal communication and incidental documents. Attorneys must identify and preserve any relevant records as quickly as they can.

It’s all about what the claim is. For example, a restaurant may need documents for the dining room or bar. An incident at a resort could require documentation for an event and travel arrangements or security messages. A focused review will help identify the records that are pertinent without having to assume that all departments played an important role.

The Paperwork is a Result of the Operational Experience

Preston Rideout has worked in hospitality since 1996. He has expertise in bartending, nightclub management, as well as multi-unit beverage operations. Rideout Hospitality Consulting is a company he created in the year 2010. He has provided advice to the resort, restaurant and hotel owners across the United States.

Expert witness work for him includes matters involving hotels, restaurants resorts, casinos, and restaurants for defense and plaintiff counsel. This operational background can be beneficial in the interpretation of records that may seem straightforward to someone who isn’t familiar with hospitality management.

A staffing plan will, for instance, identify those assigned to work. To determine whether the assignments were appropriate you should know what the service model is of the facility and its operational conditions.

To build a stronger case to build a stronger case, ask more questions

An early expert review helps attorneys differentiate documented facts from unresolved issues. It could help uncover additional documents worth requesting, help clarify the terms used in depositions and determine which employee actions require closer examination.

Some discrepancies are not indicative of an operational failure. Neither is every policy that proves the correct procedure was followed.

It is the value of an expert’s report that illustrates these distinctions using accepted practice in the field and supporting evidence. Understanding the procedure prior to interviewing employees in a matter can help lawyers prepare cases that have a more precise and credible investigation.