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jthevwman

Junior Member
California Is the state , but the laws on tribal land fall under federal laws .

I work in management for a Nor cal indian casino. Times are slow i understand , so upper management decides that we need to cut our budget 30%. We work in the public safety side of the casino. We do not generate money for the company . We are looked at more that other departments to make cuts.

This is how they are doing it. We have 85 Officers that work for my department. Out of the 85 ,half or more has worked for the company for more that Five years. My boss decides we need to cut the budget by changing our job description. We must preform a physical agility test. We had 2 mounts to get in shape or get out. This is pass or fail one chance test. We do not run in our job or fight fires. We work in smoke and do not do much physical activity. The test includes running a timed mile , pushups , crunches , and a sit and reach exercise. All are timed and broken down into age gropes. More time is given to the females than the males.

Human resources , told us in a meeting that this will cut coast, if our officers are in shape and don't have to go to the doctor.

Is this legal ?
We are loosing older officers and one with knees problems. They cant run the mile. One employees has work for the company for ten years. He is a manager and is in good standings with the company. he cant pass the test so they offered him a job to drive bus for 18 dollars an hour less than what he makes.

Any advice will helpWhat is the name of your state (only U.S. law)?
 
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HomeGuru

Senior Member
California Is the state , but the laws on tribal land fall under federal laws .

I work in management for a Nor cal indian casino. Time are slow i understand , so upper management decides that we need to cut our budget 30%. We work in the public safety side of the casino. We do not generate money for the company . We are looked at more that other departments to make cuts.

This is how they are doing it. We have 85 Officers that work for my department. Out of the 85 ,half or more has worked for the company for more that Five years. My boss decides we need to cut the budget by changing our job description. We must preform a physical agility test. We had 2 mounts to get in shape or get out. This is pass or fail one chance test. We do not run in our job or fight fires. We work in smoke and do not do much physical activity. The test includes running a timed mile , pushups , crunches , and a sit and reach exercise. All are timed and broken down into age gropes. More time is given to the females than the males.

Human resources , told us in a meeting that this will cut coast, if our officers are in shape and don't have to go to the doctor.

Is this legal ?
We are loosing older officers and one with knees problems. They cant run the mile. One employees has work for the company for ten years. He is a manager and is in good standings with the company. he cant pass the test so they offered him a job to drive bus for 18 dollars an hour less than what he makes.

Any advice will helpWhat is the name of your state (only U.S. law)?
**A: if an employee is not fit to do the job that requires certain fitness, then that could be cause to take action as long as no discrimination takes place. Ex: a fireman gets fat and now can't climb stairs with full gear and a hose within a specified amount of time.
 

jthevwman

Junior Member
**A: if an employee is not fit to do the job that requires certain fitness, then that could be cause to take action as long as no discrimination takes place. Ex: a fireman gets fat and now can't climb stairs with full gear and a hose within a specified amount of time.
Weeding out the higher paid people is what they are doing. They are doing there job every day . They just cant pass the test. They are still working after they flunk the test. :confused: this gives them 60 days to find a job or go on unemployment.
 

Zigner

Senior Member, Non-Attorney
Weeding out the higher paid people is what they are doing. They are doing there job every day . They just cant pass the test. They are still working after they flunk the test. :confused: this gives them 60 days to find a job or go on unemployment.
They are allowed to weed out higher paid people.
 

cyjeff

Senior Member
I do want to add this.

In this economy, it is not uncommon for employers to try to reduce insurance payments by encouraging workers to take better care of themselves.

There has even been case law allowing employers to fire smokers.

i don't see anything illegal here.
 

jthevwman

Junior Member
I do want to add this.

In this economy, it is not uncommon for employers to try to reduce insurance payments by encouraging workers to take better care of themselves.

There has even been case law allowing employers to fire smokers.

i don't see anything illegal here.
I work in a smoking environment , i don't this that would fly in this case
 

pattytx

Senior Member
was not accepted when the C.H.P tried to make senior officers do the same kind of physical test. The sued and now it's not mandatory just voluntary

I'm betting that might have been a union suit as a breach of contract. In any case, the fact that you work on tribal land is going to limit your options.
 

jthevwman

Junior Member
I'm betting that might have been a union suit as a breach of contract. In any case, the fact that you work on tribal land is going to limit your options.
We are not union , We do have go by California laws because of the compact we singed, building codes ex .
 

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