Whining over Waiter Spilling Wine on $30k Hermès Handbag

By: Patrick Maguire

Book Chapter: Human-to-Human Service

Posted: 11/14/2019

A job posting  from approximately 1 year ago, for the General Manager position at Alpine Country Club in Demarest, NJ states that the “exclusive private country club” was “Seeking a General Manager who demonstrates a leadership style promoting a culture that results in Member satisfaction and employee engagement…” And under, “KEY ATTRIBUTES AND AREAS OF FOCUS,” the posting states that, “The successful General Manager will demonstrate:

  • The ability and desire to engage sincerely and proactively with members and staff in a manner that drives high levels of engagement, excitement, and enthusiasm.
  • A hospitality professional who has the ability to create an environment where the staff looks forward to coming to work every day because they are developed and respected.”

“KEY INITIAL PRIORITIES” include:

  • “The GM will be present and positively approachable where needed to develop strong member and staff trust and confidence; approachability, follow up, and candid, respectful interactions are key.”

It’s hard to be engaged, excited, enthused, trusting, and looking forward to coming to work every day when you are being sued by your own employer…

On 11/12/19, a longtime member of my Server Not Servant Facebook Group posted the sarcastic comment, “This will really boost staff morale,” accompanied by a link to a USA Today story with the headline:  “Customer: Wine spill on Hermès bag was $30k mistake. Country club: Our waiter should pay.” The piece states that plaintiff, Maryana Bader sued Alpine Country Club for $30,000 on October 29th, close to a year after a server allegedly spilled wine on her “ultra-expensive” purse during dinner, and the Country Club, in turn, sued their server to cover the damages.

From the piece:

“So basically, what this is is that they’re asking the employee to pay whatever they owe under the law to my client,” said Alexandra Errico, Beyder’s attorney. “So they’re suing their own employee that they hired.”

And the internet exploded with outrage, mostly in support of the server, and with fury directed at the posh country club with a $65k+ initiation fee and $19k+ annual dues. 

Not so fast, says Alpine Country Club attorney, Ken Merber.

Here is my email exchange from 11/13/19 with Atty Merber.

Patrick Maguire(PM): Good Afternoon, Ken- I write a blog supporting a forthcoming book advocating for service industry workers, I’m your Server Not your Servant. I’m working on a blog post discussing the lawsuit over the wine-stained Hermes bag, and the Alpine lawsuit against their own waiter. I would like to give you and Alpine Country Club an opportunity to offer your sides of the story.

Attorney Merber(AM): Mr. Maguire, I am writing to acknowledge receipt of your email dated 11/13/19 with your questions regarding Ms. Beyder’s lawsuit against Alpine Country Club. See Alpine’s responses to your inquiries below. The issues disputed in the lawsuit do not involve employer-employee relations between Alpine Country Club and its employees.

PM: Why are you suing an Alpine Country Club employee?

AM: Alpine Country Club is not suing any of its employees. Alpine is not asserting any claims and is not seeking damages against any of its employees, including the waiter who allegedly caused damage to Plaintiff’s handbag.

PM: Does the employee being sued still work for Alpine Country Club?

AM: Alpine Country Club is not suing any of its employees. Alpine is not asserting any claims and is not seeking damages against any of its employees, including the waiter who allegedly caused damage to Plaintiff’s handbag. Alpine Country Club respects the privacy of its members, guests and employees. Alpine will not comment publicly regarding its employees.

PM: Are suing your employee with their consent in order to defeat the plaintiff?

AM: Alpine Country Club is not suing any of its employees. Alpine is not asserting any claims and is not seeking damages against any of its employees, including the waiter who allegedly caused damage to Plaintiff’s handbag. Alpine Country Club is confident it will prevail in the litigation Plaintiff filed. Alpine Country Club intends to and will successfully defend Plaintiff’s claims in the court in which the lawsuit was filed and not in the press.

PM: Is the lawsuit against your employee still pending or have you withdrawn it?

AM: Alpine Country Club is not suing any of its employees. Alpine never filed a separate lawsuit against any of its employees. Alpine is not asserting any claims and is not seeking damages against any of its employees, including the waiter who allegedly caused damage to Plaintiff’s handbag.

PM: Are you getting a lot of backlash from your staff as a result of the lawsuit against your employee?

AM: No. Alpine Country Club is not suing any of its employees. Alpine never filed a separate lawsuit against any of its employees. Alpine is not asserting any claims and is not seeking damages against any of its employees, including the waiter who allegedly caused damage to Plaintiff’s handbag.

PM: Don’t you think suing your server is an awful strategy for morale and recruiting and retaining employees, especially during a period of record low unemployment?

AM: Alpine Country Club is not suing any of its employees. Alpine never filed a separate lawsuit against any of its employees. Alpine is not asserting any claims and is not seeking damages against any of its employees, including the waiter who allegedly caused damage to Plaintiff’s handbag. The health, well-being and privacy of Alpine Country Club’s employees are of Paramount importance to the Club and its management.

PM: Aren’t you concerned about PR and the public’s perception of your lack of support for your own team?

AM: Alpine Country Club respect and supports the privacy and dignity of all of its members, guests and staff. Alpine Country Club is not suing any of its employees. Alpine never filed a separate lawsuit against any of its employees. Alpine is not asserting any claims and is not seeking damages against any of its employees, including the waiter who allegedly caused damage to Plaintiff’s handbag.

PM: Is there anything else you would like me to include in the blog post from you or on behalf of Alpine Country Club?

AM: Attached is a copy of Alpine Country Club’s statement regarding this lawsuit:

My law firm and I have been retained to represent Alpine Country Club in a lawsuit filed in the Superior Court of New Jersey, Bergen County, Law Division. This matter has received substantial media coverage. Alpine Country Club provides the following statement regarding the lawsuit.

ALPINE COUNTRY CLUB
MEDIA STATEMENT
November 12, 2019
Beyder v. Alpine Country Club

Alpine Country Club and its management respect the dignity and privacy of the Club’s members, guests and employees. The safety and well-being of Alpine Country Club’s members, guests and employees are of paramount importance to the Club and its management.

Alpine Country Club is aware of the allegations of wrongdoing asserted against it by one of its members in her publicly filed complaint and her counsel’s orchestrated media campaign. Alpine Country Club has been aware of Plaintiff’s allegations since the subject incident occurred. Alpine Country Club, its management, counsel and agents have taken Plaintiff’s allegations seriously and have acted reasonably and responsibly in response thereto. Neither the Club nor its counsel or agents have ignored or refused to address Plaintiff’s complaint. The pleadings raise issues regarding the property damage Plaintiff claims she suffered, the authenticity of the handbag and its value. Plaintiff has not provided any receipt pertaining to the purchase of the subject handbag.

Alpine Country Club is not making any claim against and is not seeking any damages from any of its employees, including the waiter who allegedly caused damage to Plaintiff’s handbag, pertaining to the subject incident. Alpine Country Club looks forward to its opportunity to successfully defend Plaintiff’s claims. The disputed issues will be adjudicated through the court proceedings and not in the media.

PM response email at 1:43 on 11/13/19: Thank you, Ken. I will be sure to quote you verbatim. Can you please tell me your perception of why so many media outlets are reporting that Alpine Country Club sued their own employee who allegedly spilled wine on Ms. Beyder’s $30,000 handbag?

PM 4:13 on 11/13/19: Hello, Ken- Thanks again for your timely response and the detail. FYI, to be clear and fair, if I don’t hear back from you on my outstanding question by tomorrow morning (11/14), I’ll include that you did not respond. Thank you. [He did not respond.]

On the morning of 11/14/19, after email and phone inquiries on 11/13, I received email responses from Attorney Alexandra Errico, counsel for the customer with the wine-stained Hermes handbag, stating that, “The attorney for Alpine is lying in his statement to the media,” and that “The answer crossclaim (against the waiter) was filed on 11/07/19. The amended answer removing the cross claim was filed on 11/12/2019.”

Attorney Errico also sent me a link and the statement, “I emailed you a crossclaim that Alpine’s attorney filed against their own employee on November 7, 2019.”

I was not able to open the link because it was registered user and password protected.

I spoke to someone working at the NJ Superior Court Clerk’s Office at 609-421-6100. They told me that there is no online, public access to the cases I referenced.

I have invited additional comments/evidence from Attorney Ken Merber (for Alpine Country Club) and Attorney Alexandra Errico (for handbag plaintiff), and will update this post when I receive more information.

Despite numerous inquiries, I have been unsuccessful in attempting to track down the Alpine Country Club server at the center of the lawsuits. I welcome the opportunity to communicate with them if anyone can help facilitate.

Updates are also welcome in the comments below. Thank you.


One Response to “Whining over Waiter Spilling Wine on $30k Hermès Handbag”

  1. It seems hard to believe that Alpine an elite club with fees as quoted in your incredible blog… $65k+ initiation fee and $19k+ annual dues–do not have litigation/liability insurance for such matters. It “seems” that both Alpine and their attorney are lying.

    Conclusion:::… why would anyone want to work for Alpine?

Leave a Reply

Permalink | Posted in Human-to-Human Service, Rules of Engagement | 1 Comment »