Hotel & Motel Management - June 2, 2008 - (Page 8)

8 Legally Speaking H&MM June 2, 2008 | HotelMotel.com www.HotelMotel.com/digital_edition Don’t forget the background check IN THE details Check past before hiring Hire with reasonable care Terminate threats Constant attention required By Karen Morris H&MM Columnist Negligent hiring There is a ground to sue an employer called negligent hiring. It is based on the principle that the hiring party has an obligation to use reasonable care in selecting employees, and to hire competent and trustworthy workers. The employer breaches this duty by hiring an employee who the employer knows or should know is unﬁt. If an employer had no way to know of aggressive tendencies, the employer will not be liable. Thus, where a restaurant could not have known that its bouncer had a propensity to use excessive force, the inn was not liable for negligent hiring even though the employee broke the jaw and bit the abdomen of a customer. Liability results when the hotel knows the employee is a threat. For example, in a recent lawsuit a hotel employee was terminated from his job as a dishwasher for drinking alcohol. Sometime thereafter he returned to the hotel to inquire about reinstatement. At the time he was intoxicated and became violent S o you interview this engaging young man. He is well spoken, and his attire is appropriate and neat. He evokes a sense of humor and charm and has a good résumé. You need people and you have other pressing demands on your time. You extend an offer without a careful background check and he accepts. On to the next task on your list. But looks can be deceiving. With your new hire, you may have just set loose in your operation a sex offender or violent felon. If that employee hurts someone, you may pay the bill. when asked to leave. Inexplicably, he was thereafter rehired as steward. With access that position accorded him, he sexually assaulted an employee. The court held the hotel could be liable for negligent hiring. This tort imposes liability not only where the employer knew of an employee’s violent tendencies, but also where the employer “should have known.” While the law often seems stacked against hotels, this area of law presents some good news. Unless the likelihood that an employee will engage in violent conduct is quite strong, the law often refrains from imposing liability for negligent hiring because there is public policy that encourages employment of people with criminal records as an effort to keep them off public assistance. Indeed, many states have laws that outlaw employment discrimination based on prior convictions, unless the crime committed is job-related. Also, if available information discloses an applicant’s prior transgressions but no violence, the employer will not be on no- tice of dangerous tendencies, and so will not be liable for negligent hiring if the employee attacks. Negligent selection of independent contractors Similar to a claim for negligent hiring, a company can be liable for negligent selection of independent contractors that are unﬁt for the job. Investigate before contracting. Negligent retention A related cause of action is negligent retention, where an employer becomes aware during an employee’s tenure that the worker is incompetent or unﬁt, thereby creating an undue risk of harm to others. Bid adieu to workers in this category. tribute to liability for negligent supervision. The moral: Like all aspects of your business, hiring and personnel functions need constant attention. The law is a relentless, jealous mistress. hmm@questex.com Karen Morris is a lawyer, municipal judge and distinguished professor at Monroe Community College in Rochester, N.Y., where she teaches hospitality law. Contact her at kmorris222@yahoo.com. Negligent supervision Another related basis is negligent supervision, which includes failing to reasonably control the conduct of employees who then inﬂict injury on guests. Inadequate training can con- Guest Column Sustainable initiatives extend to marketing materials IN THE details Reduce printed waste Print demand is decreasing Switch to sustainable slowly Bottom-line beneﬁts By Michael Duffy H&MM Guest Columnist S o green is in, right? In almost every industry across the board, there is a huge rush to not only go green but to tell your customers that you are going green. Whether it is from consumer pressure or internal desires to shift management styles, companies of all types are try- ing to ditch wasteful habits in favor of more eco-friendly solutions. Unfortunately, whether vendors are simply hiking prices to capitalize on this “in” business, or whether green marketing does in fact cost more (because of lack of mass production), many applications are cost-prohibitive. To be successful, both business- and earthwise, we need to look at green options that are also greenback friendly. The hospitality industry has long been one of the largest producers of printed materials—menus, mailers, brochures, in-room materials, signage, etc. The amount of material needed and eventually wasted is overwhelming. Over the past few years, many in this industry have been look- ing for ways to cut this production down. The good news is, demand for printed materials is actually decreasing: More meeting planners and other booking groups don’t want bulky materials, they want digital ﬁles, for example. Additionally, the sheer cost of printing so many materials has been prohibitive for some companies so they have sought more eco-friendly solutions to avoid printing. However, one main crisis remains: Alternative materials can be much more expensive than original materials. In order to cope, one strategy property owners and managers are trying is going green in stages to avoid blowing any chance at a balanced marketing budget. For example, instead of choosing to reprint all property materials on recycled materials, one option is to slowly cycle new materials in as inventory dwindles, realizing that not every single piece has to be printed on recycled paper to make a difference. Another option is considering the overall way you communicate with guests. Do you really need printed roomservice menus in the room? Consider an interactive on-screen display with a roomservice menu that customers can access when needed (an added beneﬁt here is the menu can be updated without reprinting). Finally, the hospitality industry will continue to beneﬁt from the ongoing proliferation of electronic delivery services, whether by e-mail, Web, phone or text. To reduce production and printing, many owners and managers are turning exclusively to paperless checkout, reservation conﬁrmation and special-offer delivery. In the future, look to the hospitality industry to break new ground when it comes to reducing printed material waste. Not only is it better for the environment, the bottom line beneﬁts as well! hmm@questex.com Michael Duffy is creative director of The Starmack Group (www. starmackgroup.com), a marketing ﬁrm specializing in the hospitality industry and that works with clients such as Noble House Hotels & Resorts and Ritz-Carlton to identify new ways to communicate with guests. http://HotelMotel.com http://www.HotelMotel.com/digital_edition http://www.starmackgroup.com http://www.starmackgroup.com

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Hotel & Motel Management - June 2, 2008 Contents State Programs Help Define Green Hotels AmericInn Boosts its American Presence Questex, The Bench to Host Russia Event Perspective Letter to the Editor Legally Speaking Guest Column Marketing Matters Consultant's Corner Satisfaction Trends On Finance Travel Trends Cornell Insights Energy Star Update Maintenance Doctor Management Trends Trends & Stats Finding Financing Challenges Developers Credit Crunch Still Tops List of Lawyers' Concerns Mixed-use Funding Bleak, Panelists Say Luxury Landscape Keeps Pushing Higher PTACs Events Casegoods Seating Energy Controls and Sensors Pest Control Electronic Locks Transactions Supplier News Timeshare Misconceptions Still Prevalent Awards People Ad/Edit Index Marketplace Classifieds Checking Out

Hotel & Motel Management - June 2, 2008

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