Often we are asked, “How do you get the material for your articles?” Generally, it’s from readers who send in questions, asking for help, and on occasion, alert us to “odd” things they’ve discovered.

That’s what happened one Saturday morning in late June. I was both phoned and sent e-mails by readers who came across an Action Line article — produced by the Better Business Bureau — which caused them to see red. Their observations formed the basis of a “You and the Law” column published earlier this year. If you didn’t catch it, here is a summary:

A restaurant ran a “2-for-1 Senior Special,” yet refused the discount to an elderly couple. While clearly a violation of California False Advertising and Unfair Competition laws, the BBB writer amazingly concluded that what happened was “not illegal.”

That statement was the equivalent of saying, “If you’re misled in a similar situation, tough! Nobody can do anything about it. Forget it.”

Was this writer an attorney? Was a lawyer consulted before writing the article? I asked, and was told, “No.” And, just who is the writer? Well, it’s Vickie Sanders, “assistant director of business services” at the Fresno-based Better Business Bureau of Central California. She gave me the following justification for misleading the public: “We don’t give legal advice, and besides, I never said that I was a lawyer.”

While very few attorneys choose to buy a BBB membership, there are some who I am sure would be happy to provide a legal opinion before incorrect and damaging advice is handed out. The Better Business Bureau owes the public much more than a “Well, I never said that I was a lawyer.”

But they’ve just done it again.

‘Keep on paying the rent!’

California is in the middle of a foreclosure nightmare. Tenants who pay their rent on time have been evicted because the mortgage fell into default. Often, there are early signs the owner is in serious financial trouble, collecting rent but not paying the mortgage.

So, let’s say you’re a tenant, and the following occurs:

Gardening services and garbage collection suddenly stop;

The landlord has changed addresses and phone numbers three times this year, and;

You’re afraid mortgage payments aren’t being made.

Should you continue paying rent? What should a tenant in that position do?

“Those things are the classic signs of a landlord in deep financial trouble and the rental likely in default. At that stage, don’t just keep on paying rent! You need to check public records to see if the property is in default, or, worse yet, has already been foreclosed. It may be, and you might not have received any of the legally required notices. Things do slip through the cracks,” San Francisco attorney Dean Preston of Tenants Together told me. I had read to him another Action Line article that appeared on Sept. 19, written by Ms. Sanders and called to my attention by the same readers.

This time, her advice could cost innocent renters thousands of dollars, sending their rent checks to landlords who are ripping them off by not paying the mortgage, leading to being evicted. Incredibly, she wrote:

“I am not an attorney, but the one thing I do know is you should continue paying rent to the owner of the property until you are otherwise notified by the mortgage holder or a new owner.”

“Sure, a landlord — especially if in default or has been foreclosed against — will hope the tenant keeps on paying the rent. This is called rent skimming, accepting rent with no intention at all of paying the mortgage,” Southern California real estate broker Daniel Cook of Equity One told me.

Cook also saw that article and “realized the writer left out terribly important advice to tenants in that situation. The fact of the article being under the Better Business Bureau name was surprising. That article failed to provide adequate advice to tenants,” he said.

‘Well, I asked a bank!’

I phoned Sanders. As before, she had not spoken to an attorney prior to writing the article. “I did speak with a banker,” she confidently told me, adding, once again, “but I am not giving legal advice.”

Any organization that seeks respect from the public, passes itself off as the consumer’s friend, talks about good business practices and wants our trust, should be a good example of its own message.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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A restaurant advertised a two-for-one senior discount. A couple saw the ad, went in, and asked a waitress about the discount before ordering. She stated, “No, we don’t have a discount for seniors.”

They then spoke with the manager, who said, “You look far too young to ask for a senior discount. I want to see your ID.” After confirming the husband’s age, she then asked about his wife. “The manager told us that we did not qualify for any discount, because my wife isn’t a senior.”

“As the waitress had already brought our coffee and bread, we were too embarrassed to get up and leave, but the meal was ruined even before we placed our order,” the husband wrote in a complaint which he filed with the Better Business Bureau.

Is it legal to attract customers with an ad and then when they respond, refuse to honor the offer or require that they pay more than the advertised price?

“Clearly, if the husband qualifies as a senior, they cannot legally refuse to honor their two for one special, regardless of the wife’s age. This illegal conduct could get the restaurant owner — or corporate management — sued in all 50 states for (1) deceptive business practices, (2) misleading advertising, (3) unfair competition, and possibly, (3) bait and switch,” according to professor of hospitality law, attorney Stephen Barth at the University of Houston’s Conrad N. Hilton College of Hotel and Restaurant Management.

Now, want to guess what the Better Business Bureau of Central California told the couple in its Action Line column?

“Your treatment sounds like it was rude and insensitive, but, unfortunately, not illegal,” wrote Vickie Sanders, assistant director of business services.

I’m sorry, not illegal?? When that BBB’s column appeared in a San Joaquin Valley newspaper Saturday, June 27, I received phone calls from several readers that day, all asking if what they had read could possibly be correct.

“When I read and re-read that statement unfortunately not illegal, the writer was obviously giving legal advice by telling the couple they have no claim. Is Vickie Sanders a lawyer?” one of my readers asked.

No, she’s not a lawyer. I asked her. She never even discussed what she was going to write with an attorney, claiming, “At the BBB, we don’t give out legal advice.”

When I ran her comments by a state bar ethics attorney, his response was, “These comments can easily be seen as stating both a legal opinion and as legal advice, wrong legal advice. And when a non-lawyer does that — depending upon the state where it occurs — it can be viewed as the unauthorized practice of law.

“Start with trust,” has been the motto of the Better Business Bureau for close to 100 years. During much of that time the BBB was a true friend of the consumer — a powerful non-governmental force to keep American business run in an honest and ethical way working closely with law enforcement to put crooked business owner behind bars.

It got involved, helping the little guy.

Well, I’ve got a question for today’s Better Business Bureau. Can you be trusted? Believed? Why do you allow a non-attorney staff member to give out legal advice? Why are you now using the term “accredited” to describe your members?

Is it to add an image of being superior to some other perfectly honest business owner who did not fall for a BBB telemarketer’s often misleading sales pitch or who could not afford the hundreds — up to thousands of dollars — to buy a membership?

The Better Business Bureau has a real problem with its own credibility. You need to look at the BBB as an independently run, money making franchise business, frequently guilty of the same illegal, rotten behavior it has accused others of. Not all BBB’s of course, but enough, nationwide, to become the focus of dozens of newspaper, radio and TV investigations. Just Google them and hang on for bumpy ride.

A Better Business Bureau is a sales organization. They sell memberships. They sell an image. The image they sell is that their members — now called accredited members — are somehow more ethical, trustworthy and honest than non-members.

“That’s the value in being a member. You get a credibility boost just for being a member because the public thinks so highly of us. But it is just the opposite if you are not a member,” I was pitched by BBB membership recruiters.

“If I am not a member?” I asked. “That’s right. If someone calls, asking about XYZ Automotive — and they are not a member — we say, “No, they are not accredited by the Better Business Bureau.”

Is this pressure or what? “Join or else?” When I heard that from a BBB telemarketer who called me, I asked him if the words blackmail, extortion, or a selling protection were part of his vocabulary.

What does it take to become a member of the BBB? Not much, and, in my opinion, it would be difficult for virtually anyone to apply and not be accepted. “We do not conduct background, credit or criminal history checks on anyone applying for membership,” I was repeatedly told.

But today’s BBB doesn’t have to worry about their members doing anything which harms their image. They do a nice job of it all by themselves.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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“Just how dimly lit should a restaurant be? Can it be so dark that it’s dangerous, and if someone is injured because of the low light level, the owners would be liable?” Visalia reader David asked.

“We were in an upscale, Mediterranean-style restaurant in Southern California. The four of us were led to our table, in a fairly large dining room with about 10 tables. On each was a single candle providing illumination. The room had overhead light fixtures, but they were not turned on. Most light came from the single candle, and a small amount from the parking lot outside.

“Once handed menus, we asked our waiter if it would be possible to turn on some lights, as it was too dark to read. He replied that keeping the lights off ‘saves energy, and management feels it is romantic this way.’ We noticed other patrons struggling to read with the candle, so two of us went to our cars and returned with flashlights. Then other patrons got flashlights from their cars. If facial expressions could kill, the faces of a couple of the waiters had our murder written all over.

“When our orders were brought to the table, we had to shine the flashlights to see what we were eating. It was ridiculous attempting to have an expensive dinner in the dark.”

Diabetes and bad bump into a table

“On my way out of the dining area going to the washroom, I was unable to see the leg of a nearby chair, caught my foot in it, and took a hard bump into the side of a table. Upon getting home that evening, it was clear that I had hurt myself to an extent where medical care was necessary, as I am diabetic.

“There will be several hundred dollars in medical bills. Do you think the restaurant is responsible for my injury?”

Dangerous to put ambiance before safety

Our answer to David’s question was simple: “Unless something you did – such as being intoxicated – caused the accident, then you bet they’re at fault.” But we still wanted to verify our legal opinion with an expert in the area of restaurant law. And so we asked a friend of this column, Professor Stephen Barth of the Conrad N. Hilton College of Restaurant Management at the University of Houston, for his insight.

Barth, author of “Hospitality Law” and co-author of “Restaurant Law Basics,” provided this analysis:

“One question leads you to the answer. Did the restaurant operator use reasonable care in the operation of the restaurant? Restaurants have a legal duty to be run in a prudent fashion and to exercise reasonable care for their patrons. That certainly includes lighting. A restaurant operator should never put ambiance and decor before safety.

“A restaurant should be lit sufficiently so that changes in flooring levels, in addition to where tables and chairs are located, are clearly visible. If the average person could not read the menu without a flashlight, then it is obviously not lit appropriately. Even more dangerous, think of the fire risk in tilting a candle so that the menu could be read,” he stressed.

Dark interiors an American thing

“I travel often internationally, and do not have trouble overseas with dimly lit restaurants like I have experienced here in the States. For some odd reason, many restaurateurs here seem to think that a dark interior is romantic and pleasing to the guests. But you do not find that elsewhere.

“Typically in the USA, it is the finer-dining ethnic restaurants – French, Italian or Middle Eastern – where management thinks that low levels of lighting enhance the dining experience. I have been in restaurants where servers had to be outfitted with flashlights to illuminate the menus so that the customers could read the menu!

“The fact that they have to do this is pretty conclusive that the patrons can’t read the menu which is in front of their face, much less be able to see the steps as they are walking to the restroom or the exits. It becomes a real issue in cases of emergency, or a fire, as lighting then is so critical,” he points out.

Too dim = Trip-and-fall injuries

“An insufficiently lit restaurant is going to have the danger of a greater number of trip and falls. You are going to have people running into tables, striking their heads on overhangs or edges that they would not otherwise do.”

We do not know if the restaurant our reader was hurt in serves fowl, but it seems pretty clear that their attitude towards lighting may have cooked their goose.

And just what should our Visalia reader do from this point out? What should anyone do who is injured by the apparent negligence of a property owner? The answers next time.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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As a celebration of my father’s 60th birthday — April 1st — I reserved a table for eight family members at one of the nicest restaurants near Sacramento. It is a small place, and they are known for incredible steaks and fresh seafood dishes. When the reservation was made, I was told there would be a $50 charge for anyone in our party who was a no show or who failed to cancel in time. Via phone and e-mail to everyone, I sent this information and the restaurant’s Web site.

Once there, my sister and her husband pulled a stunt that we at first thought was an April Fool’s Day joke. When the waiter took our orders, they said, “Oh, we are vegetarians and brought our own food.” We all laughed, but it was no joke, as they opened a small picnic basket and took out enough bean sprouts and odd smelling bread to feed an army of vegans! I’ve got nothing against vegetarians — most of them eat healthier than the typical overweight American — but they both knew what kind of restaurant this was and never objected or declined to come when invited. I should point out that they are very well to do and could write a check for $50,000 without blinking.

Upon seeing this comedy, the waiter quickly sent the manager to our table, and he asked my cheapskate family members politely what they were doing.

“We are strict vegetarians and there is nothing on the menu for us,” my brother-in-law, the miser-in-chief, replied. “Then you will be charged as if you were a no-show, $50 a person. If you had notified us of your dietary preferences in advance, we would have accommodated you, as our chef routinely prepares excellent vegetarian dishes,” he added.

The mood of this family get-together was totally destroyed; few words were spoken during the meal. Even though we all agreed to individually pay our share of the bill, Mr. and Mrs. Miser refused, and I wound up taking care of it to avoid a scene. I am not trying to excuse the incredibly cheap actions of my brother-in-law, but wonder if you think this was legal or appropriate of the restaurant?

No shows costly

Today, most high-end restaurants require a credit card to guarantee reservations. To discourage no-shows, they usually make it clear that unless the booking has been canceled by a certain day or time, there will be a charge of some amount.

I discussed the facts of this case with Paul Paz, president of the National Waiters Association and founder of www.WaitersWorld.com, great resources for anyone with a question about what really goes on in a restaurant. In his more than 30 years as a waiter at some of the finest restaurants in the United States, he has seen a lot.

“If you can imagine it happening in a restaurant, I’ve seen it — including situations similar to the one your reader described,” Paul told me. But he is more than a waiter; Paul is a brilliant writer and observer of changes in American society.

“Over the past 20 years dining out in America has evolved tremendously. We have more restaurants than in the past, better restaurants, much more varied, and which form a venue for social interaction. It is both a place to have a nice meal with friends, and a destination. But we must never forget that a restaurant is a business, has a product to sell and just like any enterprise that survives, you have to watch the bottom line,” he said, beginning an interesting look at an industry that is the second largest employer after government.

“If you own a restaurant, there is no question as to which seat – chair or booth – is the most expensive in the house … it’s the one that remains empty. Especially with high-end, limited seating restaurants, when a reservation is made and the patron goes to the restaurant, it is customary to assume that a purchase will be made — it is an economic necessity. When no-shows become an issue, restaurant owners respond by either eliminating reservations across the board or charging for no-shows.”

“This is a huge issue in major metropolitan markets where several restaurants may be phoned, multiple reservations made, and hosts — at the last minute — decide which one they will select, leaving the other four or five with empty tables. This is extremely unethical, and is nothing short of stealing from restaurants owners and their entire staff,” Paul believes. http://www.WaitersWorld.com

Turning the tables

Unlike chain restaurants, such as Black Angus, Red Lobster or others in a similar price range with a significant “turn” (several seatings per night per table) the Sacramento restaurant my readers visited had only one seating a night, I found out. Space is more than a chair and table: as with any business, insurance, workers’ compensation — overhead is an expensive reality. Paying guests keep the doors open, not cheapskates whose dietary preferences don’t match what the restaurant offers. That’s my non-legal opinion.

Legal analysis

For a legal analysis of my reader’s question, I turned to the nation’s leading expert in Hospitality Law, Attorney Stephen Barth of Houston. He firmly believes the restaurant was well within its rights in charging the couple.

“When a restaurant states that it has a cancellation policy, this amounts to what we call Liquidated Damages in contract law. It is the equivalent of saying; We agree to accept $50 as full compensation for your failure to honor the reservation. By coming to the restaurant, aware that it was a steakhouse, and bringing their own food, it is clear this couple had no intention of spending money. They obviously thought it was perfectly fine to deprive the restaurant owner and server staff of income those two places at the table would otherwise have generated.”

“A table for six paying guests is not the same as a table for eight, two of whom are freeloaders. Given advance notice, the restaurant could have re-arranged seating. I would call the couple’s behavior miserly and completely unacceptable. They had choices — to phone ahead and ask that a vegetarian dish be prepared, or to not come at all. They chose neither, wanting to be part of the family event, but not paying their fair share. Shame on them.”

Final thoughts

Both Paul Paz and Stephen Barth were quick to point out that restaurant owners do understand parents might need to bring formula or food for an infant, or possibly a special kind of tea and ask for hot water. “However, bringing your own food to a restaurant because you do not want to pay is dishonest and exploitative, very much like accepting legal or medical advice and care and then refusing to pay,” is how they both summed it all up.

Should you be in the Portland, Oregon area, you can find Paul at Stanford’s Restaurant and Bar in Lake Oswego.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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I have a complaint about a restaurant I visited with a group of friends. It had been a delightful small Italian restaurant in a strip mall with about 10 tables, a friendly staff who took the time to talk with patrons, and the food was excellent. But when we went there again recently, things were very different. They only seemed to have two servers for a packed house, including space recently opened up next door which doubled the size of the place. What really bothered us was an 18 percent service fee added onto the bill for only five people!

I read the menu carefully and there was nothing about a “service charge.” The waitress never said a thing until after giving us the check. Not wanting to make a scene, the entire bill was paid. I do not mind leaving a tip for good service, and understand such fees for large groups or banquets, but five people? I phoned the restaurant and spoke with someone who was not very nice and said, basically, so what if it isn’t on the menu! Can this be legal? Oh, by way, the restaurant is in your town, Mr. Beaver. Would you check this out for yourself, as I want to be sure I am correct. Thanks, Chad, a longtime Hanford reader.

Menu = contract

We did check out my reader’s complaint. Chad was right about this small Italian restaurant in the southwest part of Bakersfield, not far from Cal State University. At one time, in my opinion, for a city like ours, it was a great little restaurant. Of course, opinions about restaurants are varied, and reasonable people may differ. But, what had been a delightful, neighborhood restaurant on our every visit in the past, with very nice servers, seemed transformed into something I could hardly recognize.

Apparently its success – it was so popular that reservations were a must – led to the owner literally doubling the size, spreading out to the office space available next door. And, like Chad, I saw for myself inept, unpleasant servers (I only counted two) run around hurriedly, waiting on far too many tables. The attitude was nothing short of, “Eat and get out.”

Is this legal? In my opinion, not at all. Is it proper?

“Absolutely not,” according to someone who should know, and that’s Paul Paz, Oregon based former president of the National Waiters Association, and a nationally recognized expert in the hospitality industry. He knows what it takes to operate, manage and staff a first class restaurant. For an inside look into the reality and challenges in working in the hospitality industry visit his Web site www/WaiterWorld.com

To Paul, being in the hospitality field is “much more than a job. It’s an honor, really, and a joy, to help people enjoy an evening out with friends and family. This is a field where we are witness to all that humanity reveals while breaking bread,” this waiter/sociologist/psychologist commented. Here’s how he analyzed this situation.

“What you and your reader have described is a recipe for a meal that, no matter how well prepared, will still leave a bad taste. It isn’t right and someone needs to get that owner’s attention if he cares to do business the right way and if this restaurant is to survive.”

“Dining customers must be informed in advance that a service charge will automatically be applied to their bill. It can be done verbally when making a reservation or when being seated or accomplished by having it written on the menu, or a table display explaining the house policy regarding service charges. Unless properly brought to the attention of the customer, the restaurant is not entitled to be paid,” he maintains.

“Unlike Europe, where 15 percent is added across the board, in the United States, we do not have that custom, and the patron is free to leave a tip as a recognition for good service. Restaurants that add these fees often lose business, and especially when the customers discover that the money does not have to go to the staff! If you see language such as Service Charge of X percent included in the bill, that money can, legally, go to the owner of the restaurant,” he pointed out.

This issue is addressed on the California Division of Labor Standards Web site: “A tip or gratuity is a voluntary amount left by the patron. A mandatory service charge is a contractual agreement – such as 10 or 15 percent added to the cost of a banquet – and is owed to the establishment, and distributing that money is left to the discretion of the owner.”

But to add insult to injury, if the restaurant calculates that service charge correctly, you are going to wind up paying far more than the stated percentage. The California Board of Equalization, like good Boy Scouts, always “Ready” (to find ways of taxing us) make it clear that “An optional tip or gratuity is not subject to being taxed on the customer’s bill. However, a mandatory tip, gratuity or service charge is included in gross sales receipts and is taxable to the customer.”

Of great interest to me is the example the Board chooses to illustrate this mentally taxing issue: “A 15 percent gratuity (or service charge) will be added to parties of eight or more.”

Notice they didn’t say 6, and they didn’t say 5. It was an example, but one based on common experience. To add this “service charge” for only five people, “seems to be really unfair to the patron. And plain greedy of an owner.” Paul concluded.

What did the owner say?

I phoned the restaurant and spoke with someone who claimed to be the owner, explained why I was calling, told him that a reader had been there, was charged a service fee for his group of five, and that he was not informed in advance and it was not stated on the menu.

“Do you have a service charge for groups of five or more?” He admitted they do. “Is it printed on the menu, or somewhere in the restaurant?” “No it is not.” “Most restaurants have such a fee for larger parties, why do you charge this for only five people?” “Because we do!” “How does the guest know of the charge?” “Waitresses tell them.” “And what if the waitress does not?” “They pay anyway.”

“Could you please tell me why you do not print this in the menu and the justification for a service charge of 18 percent for just five people?” I asked.

“Is this a joke???” was his answer, “IS THIS A JOKE???” he repeated and then hung up.

Chad, my Hanford reader felt that it was much more than an 18 percent service fee. “Sometimes we even tip 20 percent, so that wasn’t the real issue. It was such a nice place, and when we came down to your city, really looked forward to going there. I don’t feel that way anymore, and it’s plain sad,” he said.

So, Mr. Restaurant Owner, you tell me, was it worth it?

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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One job in all of North America has the highest turnover and lowest employee satisfaction rate based on government and industry surveys, and we have all met at least one such unhappy person. So, what’s that job?

If you guessed, “waiter or waitress,” you’re right, with “some restaurant servers going in and out of the front door almost as often as customers,” as the author of one study wrote.

“With a turnover rate over 75 percent, it’s clear that something is wrong in the hiring process,” maintains business consultant and author, Bob Phibbs, who is also known as The Retail Doctor.

‘Employers treat servers as if they are disposable’

“Several elements are responsible.  Employee attitude is one factor, where servers feel the job is a step down and hate what they are doing.  Others initially believe that it’s an easy job but do not get the point that good service will produce better tips. So, when what they thought would be easy money doesn’t appear, they leave.

“Of course, there is nothing easy at all about being a server, as truly professional, career waiters in the finest restaurants know. They understand that customers reward good, attentive service — and will return with family and friends.

“The real fault lies with employers who make poor hiring decisions and often treat servers as if they are disposable, failing to provide adequate training. So the new employee doesn’t really know what to do, what the food tastes like, makes poor tips, gets frustrated, is fired or quits, and the employer repeats the same behavior,” Phibbs points out.

Do you want to spend time with this person?

“When guests are seated, and John approaches the table, and says, ‘Hi, I’m John and will be taking care of you today,’ a really good waiter will be thinking, ‘I’m John, your salesman, here to sell you some great food and help you have a nice time at our restaurant. Everyone wins; the more I sell you on both the food and the experience, the happier my boss will be and the more I will make.’

“Often hiring decisions are based on asking if they can work Monday through Friday, 9 to 5, which are terrible criteria! Don’t hire someone just because they can work a schedule! You want a person who is engaging, who tries to win you over, who you would enjoy spending time with.

“Your number one question should be: ‘Can you tell me a time you went out of your way for a customer or a previous job?

“Especially in fine-dining or family-run restaurants, servers with expressive, outgoing personalities will turn work into fun. You want people who can involve themselves with your customers, who are not afraid of talking with them and aren’t caught up in the robot-like qualities of the job.”

‘Small talk isn’t small’

“After you interview the applicant, ask yourself, ‘Have I enjoyed talking with this person?’”

“Be it a waiter or any employee who has direct contact with your customers, this is a unique position that isn’t just about job duties, but how they represent your business, how they sell your products to customers who are there and ready to buy. You should be looking for outgoing people — perhaps she was a cheerleader, or in drama club, has a passion for the world, likes to go out with friends, to the beach, camping, the movies.

“That’s why small talk isn’t small at all!

“During that interview, you absolutely need to know those aspects of their personality which are best suited to what your business needs. So, a restaurant owner wants someone very much in the world, and if their hobbies or interests keep them from the world — things you typically do alone, such as reading, video games, gardening — this tells you they are likely not a good fit.

‘Discipline matters’

A frequent complaint lawyers have about business owner clients is that they tolerate poor employees far too long. Of course, it’s simply human nature to want to be liked by your employees. However, as Phibbs notes, that attitude can be dangerous to the health of any business, especially a restaurant.

“If your kid reached up to a boiling pot of hot water, you would immediately say no! But we often lose that when we become business owners. Especially in the restaurant world, you cannot afford tardiness or no-shows. You’ve got to let the staff know that if anyone is late three times, they are gone! Write up everything and document all discipline.

“When it comes to running a successful business, discipline always matters. But never forget the importance of recognition for excellence on the job,” Bob Phibbs, The Retail Doctor concluded. His website is: www.retaildoc.com.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Today we begin a series that will be of special interest to a group of people who have some of the most difficult jobs in the world and whose work is often underappreciated by their customers, as well as by those who employ them.

We are talking about waiters and waitresses who earn every dollar left on the table.

Regardless of where they work, there is nothing glamorous to the job of being a server. In North America, it has the highest turnover of almost any occupation, and often that’s the fault of management, not the employee.

All of that said, who can’t recall at least one waiter or waitress whose friendly attitude turned a simple restaurant meal into something truly special. We met one very special waitress recently in Vancouver, British Columbia, in the Fleuri restaurant at the Sutton Place hotel.

Should work or vacation bring you to Vancouver — this incredibly beautiful city on Canada’s west coast — you will discover no shortage of top-notch hotels.

The Sutton Place is one of the city’s best, with spacious, quiet, beautifully furnished rooms. While so many “hotel restaurants” are nothing to write home about, Fleuri is a game changer and you will look forward to dining there — but not just for the food.

It will take only one visit to Fleuri and you’ll be hooked, it’s all over, you’re done for, if Bridgit Martin is your server. This restaurant has been her first and only job for the past 23 years, having started fresh out of college, where she studied hotel and restaurant management.

“When she waits on your table, this happy, enthusiastic waitress will become one of your best memories of Vancouver. I have known her over 23 years. We routinely hear that one of the reasons guests return to our hotel is because of Bridgit,” hotel manager Navid Sariolghslam proudly told us.

‘These people become our ambassadors’

“She cares. It is in her blood. This makes you feel this is her house that you are in. I am certain that, were you to visit her at home, she would treat you the same way. Her character and personality are able to flexibly deal with all kinds of people who have different needs,” he pointed out, asking:

“What is it that makes a person want to come to work, doing the same job over 20 years, a smile on their face, and truly happy to be there? Take Mark, for example, one of our door staff. All they do is open and close doors. These people are the first contact with the hotel and become our ambassadors.

“How would you feel, if, during a job interview, you were told that all you will be doing is opening and closing doors? Will this excite me? Keep me interested?”

“If you observe Mark and speak with him, the answer is absolutely yes! It’s because the job isn’t about opening and closing doors. It is about the perspective they have about their professionalism and their career. I rely on our line staff, these amazing people who have daily, direct contact with our guests and who create this experience which makes the customer want to return to the hotel,” Sariolghalam notes.

Who you hire determines your success as an owner

“In the restaurant business, who you hire has an enormous impact on success or failure. The interview process is key to hiring the right person, and far too many restaurant owners or managers simply do not know what to look for,” Martin believes.

“What kind of personality do they have? Are they outgoing, smiling, positive in what they say or do, not overly laid-back, deadpan, ho-hum? You need people who are interactive. This person represents your establishment. You can have great food and a nice atmosphere, but a negative staff can put you out of business,” she underscores.

“A good server will make a connection with the guest, being personable, helpful, and will try to enhance the overall experience of being in their restaurant, be it a fine dining establishment or small coffee shop.”

“Anyone who equates easy money with being a server has never been in my shoes. But I can think of no other job where you control what you earn, and the recipe is so simple: care, attention to your guests, enjoy meeting people, be the best that you can and deeply value what it means when guests return to your restaurant because you are there,” she concluded.

There is a way for restaurant owners and managers to hire the people who will become excellent servers, but it won’t happen until they know what to look for and ask the right questions.  We’ll tell you next time what those questions are.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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