Hotel & Motel Management - April 21, 2008 - (Page 8)

8 Legal FAQ IN THE details Reduce workplace liability Accident do’s and don’ts Let go legally Fairness in caregiving By Stephen Barth H&MM Columnist H&MM April 21, 2008 | HotelMotel.com www.HotelMotel.com/digital_edition Tips can save employers from legal woes What should I do if a guest has an accident on my property? Q A15 minutes after an accident are crucial. The following steps describe how control people should react during this crucial time period. Step 1. DO call 911. Step 2. DO attend to the It has been said that the ﬁrst injured party. Step 3. DO be sensitive and sincere. Step 4. DO NOT apologize for the accident. Step 5. DO NOT admit that you or your employees were at fault. Do not take responsibility for the accident. Step 6. DO NOT offer to pay for the medical expenses of the injured party. Step 7. DO NOT mention insurance coverage. Step 8. DO NOT discuss the cause of the accident. Step 9. DO NOT correct employees at the scene. Step 10. DO a complete and thorough investigation. Step 11. DO complete a claim report and submit it to your insurance company immediately. Step 12. DO NOT discuss the accident or the investigation except with those who absolutely need to know. Step 13. DO NOT throw away records, statements or other evidence until the case is ﬁnalized. Q What are some guidelines to enhancing the legality of terminations? A regular employee evaluations. Develop and enforce written policies and procedures. Prohibit “on-the-spot” terminations. Develop and utilize a progressive disciplinary system. Review all documentation prior to discharging an employee. When possible, conduct a termination review and exit interview. Treat information regarding terminations as conﬁdential. Conduct and document Q I have employees with caregiving responsibilities. What are some tips to treating them fairly and legally? Afamily roles or goals in an interview. Never deny a father a leave or other accommodation that would be granted a mother, except for pregnancy leave. Never permit hostility toward an employee due to his or her family responsibilities. Never make a hiring, ﬁring or promotion decision based on the belief that an applicant’s or employee’s family responsibilities will be a factor in his or her performance. Avoid strict and inﬂexible policies that might impact one sex or race more negatively than others. hmm@questex.com Stephen Barth is an attorney and the founder of the Hospitality Law Conference series and HospitalityLawyer.com. He can be reached at (713) 963-8800 or sbarth@hospitalitylawyer.com. Thanks to Anne-Marie Mizel, attorney with Shea, Stokes, Roberts & Wagner, ALC for contributing. CIRCLE NO. 108 Never discuss an applicant’s http://HotelMotel.com http://www.HotelMotel.com/digital_edition http://www.hoshizaki.com http://HospitalityLawyer.com http://www.hoshizaki.com

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Hotel & Motel Management - April 21, 2008 Contents Vista Affirms Fair Franchising Doctrine HOTEC Panel Explores Green Procurement Spa Revenue Drives Overall Profitability Perspective Legal FAQ Sales Clinic Travel Trends Guest Column Trends & Stats Owners and Operators Feel Pressure to Switch to HD Protect and Clean Stone Floors Coffee On Demand Fitness Equipment Experts Weigh New Builds Vs. Conversions Transactions Ad/Edit Index Marketplace Classifieds Checking Out

Hotel & Motel Management - April 21, 2008

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