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Old 04-19-2019, 06:06 AM
 
9,790 posts, read 17,006,304 times
Reputation: 18441

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No, you are not interpreting the law; you are enforcing company policy. A lawsuit can be filed well after the incident. The point is that the boss wants to know what is happening in a timely manner. I was direct and to the point. If you find that abrasive, you're in for a rough life.
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Old 04-19-2019, 06:13 AM
 
Location: HoCo, MD
4,353 posts, read 7,999,783 times
Reputation: 4764
Quote:
Originally Posted by Nov3 View Post
I work hospitality.
Our facility carries precise guidelines for 99% of guest concerns.
Recently a guest declined to have an alleged incident report written up. He insisted he was getting his injury looked at by a urgent care facility. There was no witness to this incident or verification it occurred on property. He said he was playing basketball and slipped . He was very stern on not making this an issue. I respected his decision. My boss though said I had to write it up. I said I could not as A: I did not witness it. B: I have no data to confirm it happened on property. Therefore I refuse to write it up without the full cooperation of the guest.
My boss is obviously looking at it from a legal stance. In which I said...our policy is to write up what is true and verifiable. The only true thing I know is the guest had a swollen knee.
My boss is now weighing in on whether I was negligent in not filing a report. Which is automatic termination. My stance is...the guest declined vehemently to file the incident.
I'm stuck between two policy matters...one is documentation ..the other is always regarding the guests decision. It happened not on my shift as we keep the courts locked during then.
How to proceed?


You don't need the cooperation of the guest. The report is YOURs. The guest's decision to not provide any detail isn't being uncooperative - it's just their decision.

You are filing the report - not your guest. You are simply describing what YOU observed Thus - you were asked for a wheelchair, you inquired about what happened, they gave you some info, but declined additional details. That's it.

You are not an investigator or are you being asked to determine exactly what happened, etc. I think the issue is that you aren't fully understanding the purpose of said report. This isn't a knock on you - in fact, it's in your employer's best interest to ensure you understand these policies/procedures.

With what you provided, I don't see a conflict/contradicting with regards to policy - more like a misinterpretation.

How to proceed? You can go talk to your manager. Explain that you may have misunderstood.
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Old 04-22-2019, 12:02 AM
 
6,886 posts, read 7,295,373 times
Reputation: 9791
Quote:
CYA. I would write it up how it was told to you, and the exchange you had with guest. While the slip and injury is not verifiable, the actual exchange you had with the guest is true and verifiable.

On 4/17/19 at 3:15pm, Mr. X came to/called the front desk and claimed to have slipped while playing basketball resulting in injuring his knee. There were no witnesses to the accident. His knee was visibly swollen. However, Mr. X insistently declined to file an incident report, and stated he would have the knee examined at an urgent care facility.

Signed, Nov3
Exactly!

I don't know that I'd fire you for it. But I sure as hell would put it in your performance file.
You're job is to look out for yourself and company. You did neither by not documenting the exchange you had with the guest.

The fact that the guest came to you at all to say he was injured on the property should have been documented.

Quote:
We have lots of policies that conflict . I was seeking clarity since this conflicted with the ADA policy of drilling a guest who has a mobility issue.
That's not even the same situation. You don't see the difference in a guest who had no "disability" saying they were injured on the property...resulting in an alleged injury...not disability, injury..........and a guest who comes with a disability not being asked or grilled about that?

You didn't display any -- ANY -- critical thinking skills.

Please tell me you're young and just starting out and this is your first or second job. Because if you're not, wow, just wow.

But I suppose most of us at some point get burned at least once in our lives for not following company policy.

Last edited by selhars; 04-22-2019 at 12:15 AM..
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Old 04-23-2019, 01:27 AM
 
8,980 posts, read 8,120,601 times
Reputation: 19502
Quote:
Originally Posted by Nov3 View Post

to the other poster, We have lots of policies that conflict . I was seeking clarity since this conflicted with the ADA policy of drilling a guest who has a mobility issue.
By making the report, you are not violating ADA policy, you are placing a potential future problem into company records.

Your failure to do so and your answers on this thread, are proof you should be fired.
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Old 04-23-2019, 07:22 AM
Status: "could've~would've~should've used 'have', not 'of'" (set 25 days ago)
 
Location: A Yankee in northeast TN
10,509 posts, read 14,343,593 times
Reputation: 23379
Ha, proof his superiors should be fired for not training him properly?
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Old 04-23-2019, 10:03 AM
 
20,623 posts, read 16,666,728 times
Reputation: 38761
Quote:
Originally Posted by DubbleT View Post
Ha, proof his superiors should be fired for not training him properly?
Not lack of training, it’s lack of critical thinking skills. OP stated in the first post the company policy was that you write up an incident report and she was aware of that, however she misinterpreted it and decided not to because for some reason she was conflating it with ADA laws. Has not one thing to do with the ADA.

She’s also equating investigating what happened i.e. “grilling him” with simply writing up what he said and what she said in response. As in the multiple examples provided. As another poster stated her responsibility was simply to write a factual account of the exchange that occurred between she and the guest, not investigate it. The guest did not need to be involved at all with her report let alone consent to it. It’s not an official document, its simply a written communique with her boss and a way to put on record what transpired between she and the guest.

To me this is simply a common sense issue, it has nothing at all to do with training.
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Old 04-23-2019, 08:25 PM
 
8,980 posts, read 8,120,601 times
Reputation: 19502
Quote:
Originally Posted by DubbleT View Post
Ha, proof his superiors should be fired for not training him properly?
The OP knew the company was trained and company policy, and made his/her decision not to enter this incident in the files. He/she got caught and is looking for a way to keep the job
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Old 04-24-2019, 05:50 AM
 
11,149 posts, read 8,559,848 times
Reputation: 28147
Quote:
Originally Posted by DubbleT View Post
Ha, proof his superiors should be fired for not training him properly?
The OP clearly understands the policy. This is not a training issue.
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Old 04-25-2019, 01:16 PM
 
8,980 posts, read 8,120,601 times
Reputation: 19502
There is an old rule in the workplace which is, "The Company Way, or the Highway".
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Old 04-26-2019, 06:37 AM
 
827 posts, read 217,930 times
Reputation: 1383
Quote:
Originally Posted by Nov3 View Post
I work hospitality.
Our facility carries precise guidelines for 99% of guest concerns.
Recently a guest declined to have an alleged incident report written up. He insisted he was getting his injury looked at by a urgent care facility. There was no witness to this incident or verification it occurred on property. He said he was playing basketball and slipped . He was very stern on not making this an issue. I respected his decision. My boss though said I had to write it up. I said I could not as A: I did not witness it. B: I have no data to confirm it happened on property. Therefore I refuse to write it up without the full cooperation of the guest.
My boss is obviously looking at it from a legal stance. In which I said...our policy is to write up what is true and verifiable. The only true thing I know is the guest had a swollen knee.
My boss is now weighing in on whether I was negligent in not filing a report. Which is automatic termination. My stance is...the guest declined vehemently to file the incident.
I'm stuck between two policy matters...one is documentation ..the other is always regarding the guests decision. It happened not on my shift as we keep the courts locked during then.
How to proceed?
Another reason for requiring an incident report is that the company's insurance carrier may require it. Failure to document the incident may mitigate carrier liability. If you completed the incident report presumably this would have been sent to the insurance carrier and the carrier would have an opportunity to conduct follow-up including an inspection of the facility to determine the condition of the basketball facilities. So, whether you witnessed it or not, the details of what was conveyed to you by the injured guest are important to an insurance carrier.

I understand that you were trying to respect the guest's privacy but this was not an ADA issue. In the future, follow Company policy as you may not understand the bigger issues that affect the Company's liability. In fact people often decline to file an incident report only to later file a claim as the injury gets worse, they don't have insurance and/or other people advise them that they should sue. They may also claim that they were discouraged from filing an incident report. THe previous poster gave good advice on what to file in the incident report.

Last edited by Maddie104; 04-26-2019 at 07:15 AM..
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