Tag Archives: Waiters

Hospitality Industry Legal Risks: Washington Hotel And Restaurant Sued By Fired Waiter For "Discrimination, Disparate Treatment And Infliction Of Emotional Distress"

“…He contends Matt Stickle, executive chef of the hotel’s Bite restaurant, belittled him in front of customers and co-workers and that the Murano’s managers did nothing to rectify the situation when he complained. Conteh, who immigrated to the United States from Africa, contends he was treated hurtfully and unfairly because he’s black…”

A Pierce County man is suing Tacoma’s Hotel Murano and the executive chef of its high-end restaurant, contending they discriminated against him when he worked there as a waiter. Muhammed Conteh filed his lawsuit last week in Pierce County Superior Court. Conteh seeks unspecified damages for discrimination, disparate treatment and the infliction of emotional distress.

Conteh contends, among other things, that Stickle “continuously harassed plaintiff about his personal smell and would physically smell the plaintiff and embarrass him in front of customers,” according to the suit.

Conteh said he also was punished for using the kitchen telephone and engaging in horseplay with colleagues. White co-workers who engaged in similar behavior were not disciplined, he contends.

Conteh was fired in January after working at the restaurant for eight years. He has been unemployed since, said his lawyer, Thaddeus Martin.

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Filed under Labor Issues, Liability, Management And Ownership, Risk Management

Hospitality Industry Legal Risks: Massachussetts Hotel Settles Class-Action Lawsuit Over "Withholding Portion Of The 20 Percent Service Charge" Billed To Banquet Patrons

One-third of the 20 percent service charges billed to patrons at banquets was withheld, said Anthony Chavarry of Dalton, who was the whistleblower and leading plaintiff on behalf of the workers.

“…only employees directly involved in service to customers are entitled to share tips — waitpersons, bartenders and buspersons are included. But food and beverage service managers, sales staff and others are not entitled to any portion of gratuities…”

The Crowne Plaza Hotel, owned by the Berkshire Common Corp., has agreed to settle a class-action lawsuit filed at Berkshire Superior Court in November 2009 on behalf of 150 current and former employees who served customers at banquets between November 2006 and June 2010 at the city’s largest lodging establishment.

The $1.3 million settlement, which awaits expected final approval at a fairness hearing May 1, includes legal fees. The workers will share about $850,000, depending upon the amount of time they were employed at the hotel during the period covered by the lawsuit, said attorney Paul Holtzman of the Boston firm Krokidas and Bluestein, which specializes in employment law.

Some employees may see payouts in the tens of thousands of dollars, he said. After the settlement gains the final green light from Berkshire Superior Court, Berkshire Common is required to send out settlement checks by Oct. 17, according to court documents. Copies of the settlement documents are in the mail to the employees affected.

The hotel does not admit any liability, according to the class-action settlement documents.

For more:  http://www.berkshireeagle.com/ci_19954538

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Filed under Labor Issues, Liability, Management And Ownership, Risk Management