Working in Washington State at a Tribal Casino, I am a salaried manager. I am paid a set amount over $455 every week. I supervise 10 or more employees on a regular basis and I am expected to make independent decisions.
Our management team just went through training that told us that the only things the company considered "major medical" injuries are head & back injuries. Everything else is considered a "minor medical" and thus reported and treated differently.
I stepped on a cord and popped my knee. It is not an unusual occurrence for my knee to pop since it was injured 10 years ago and has underwent numerous surgeries (that have nothing to do with my current Tribal employment). The knee was fine and it was just a momentary (although agonizing) pain. I chose to file it as a minor indecent since I did not require treatment, x-rays, hospitalization or anything other than to apply ice when I got home. (I actually only filed a report on it to bring attention to the unsafe (yet common)practice of leaving cords strung across walkways) i spoke to the supervisor for the other shift when they came in and also my supervisor about this and MY supervisor signed off of the minor medical report and filed it.
While at work the next day, nothing was mentioned about the injury.
At work on the second day I was taken aside and told that I was being suspended without pay for three days because I miss filed My "MAJOR injury" and because I refused to take the "major injury" drug and alcohol testing.
I never "refused" to take the drug and alcohol testing because I was never told to take them. Minor injuries do not require the drug and alcohol tests and that is what my knee pop was filed under by myself and my supervisor. (Not that the tests would be an issue, only more hours added to an already long and tiring day/work week).
I've looked up WA statutes and they read that I can only be docked pay due to a MAJOR SAFETY VIOLATION (something that puts the facility, customers or employees in danger). Federal statutes seem to follow similar reasoning without spelling out what they consider to be a major violation. What my concern is that since it is a Tribal Casino on Native Land that it is exempt from State and Fed law in this case (as they are exempt from so many other State and Fed laws). Does anybody know? Or atleast know where to find the applicable Tribal law?
Thank you
Our management team just went through training that told us that the only things the company considered "major medical" injuries are head & back injuries. Everything else is considered a "minor medical" and thus reported and treated differently.
I stepped on a cord and popped my knee. It is not an unusual occurrence for my knee to pop since it was injured 10 years ago and has underwent numerous surgeries (that have nothing to do with my current Tribal employment). The knee was fine and it was just a momentary (although agonizing) pain. I chose to file it as a minor indecent since I did not require treatment, x-rays, hospitalization or anything other than to apply ice when I got home. (I actually only filed a report on it to bring attention to the unsafe (yet common)practice of leaving cords strung across walkways) i spoke to the supervisor for the other shift when they came in and also my supervisor about this and MY supervisor signed off of the minor medical report and filed it.
While at work the next day, nothing was mentioned about the injury.
At work on the second day I was taken aside and told that I was being suspended without pay for three days because I miss filed My "MAJOR injury" and because I refused to take the "major injury" drug and alcohol testing.
I never "refused" to take the drug and alcohol testing because I was never told to take them. Minor injuries do not require the drug and alcohol tests and that is what my knee pop was filed under by myself and my supervisor. (Not that the tests would be an issue, only more hours added to an already long and tiring day/work week).
I've looked up WA statutes and they read that I can only be docked pay due to a MAJOR SAFETY VIOLATION (something that puts the facility, customers or employees in danger). Federal statutes seem to follow similar reasoning without spelling out what they consider to be a major violation. What my concern is that since it is a Tribal Casino on Native Land that it is exempt from State and Fed law in this case (as they are exempt from so many other State and Fed laws). Does anybody know? Or atleast know where to find the applicable Tribal law?
Thank you
