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  1. #1

    Default Satellite Office Denying Benefits Available at Other Offices

    My question involves employment and labor law for the state of: Arizona

    I work on an Indian reservation. The tribe's main business is the casinos, of course, but they have many other operations and businesses. One of the other businesses formed an in-house security department in November of 2012. Myself and about 12 others have been working 32-40+ hours per week for over a year. During orientation they had us sign many things, one of them was some type of acknowledgement that we would not get benefits. I think they said it was because we were "24/7" employees, or some other odd wording. We had to sign everything in order to be hired.

    About a month ago (October '13) we were told we had to sign another form in order to get our checks. It was an odd health care and benefits acknowledgement form. We couldn't get our checks without signing it. We were verbally told it involved Obamacare and we didn't get any benefits. It was one sheet of paper and then a half sheet which was what we actually signed. It said for further questions call xxx number, which is the main tribal HR office. We have since found out that the tribe is implementing Obamacare now. They are not waiting. We didn't understand why we were being denied benefits and they were so tight-lipped about it, but we were afraid to ask anything for fear of being fired.

    Well, one of the guys got brave and called the main tribal HR office. He asked if he qualified for healthcare. The lady punched his name up on a computer and said "you work at such and such location, and yes you are over 30 hours so you qualify. You are full-time." She came out to our location and signed him up---about 3 weeks ago. Open enrollment is the month of November. He told her our whole department didn't know anything about being eligible as we had been told the opposite. The HR lady said that the satellite operations can say what they want, but in the end the main office dictates everything. Thirty or more hours per week is considered full-time on this reservation.

    The next day there was a big 'blow-up' at our location's admin office. It came through the grapevine that we were definitely not getting benefits. Officially they said nothing. Then one of the other guys called the main HR office. He was told he did not qualify but the other guy did. Yes, she actually discussed another employee's eligibility with him. They said they made a mistake giving employee #1 healthcare, and no one else would be getting it. Then a bunch of us started calling the main office. After asking where we worked we were abruptly told to call this other number. It is the number of a payroll person who does not answer the phone or return calls. This was in the last two weeks.

    In the meantime, we found out some things about tribal policies. The 1.5 sheets we were given and had to sign to get our checks last month were only part of a packet. Through the grapevine we heard that the main HR office sent benefits information packets out everywhere on the reservation. Our admin. office did not want to give us the information, but were told they had no choice. The packets had to be given to all tribal employees. So they took the middle section out so we would not see the actual benefits information. We found a "full" packet from another employee outside our department. According to the information we were supposed to be given, twenty+ hours per week is eligible for some benefits. Thirty+ hours per week makes an employee eligible for full-time benefits: health, dental, vision, 401K, sick-time, 13 paid holidays, etc.

    So according to that, we have been full-time for over a year now and received nothing. It also affects a few people at our location who don't work in our department. They were given no benefits either. On top of that, they are apparently going to give the first caller healthcare only, not the rest of the package. The rest of us get nothing. We have two HR departments that won't speak to us, and the phone number of a payroll lady who does not answer her phone or return calls. We don't want to get fired but what should we do? It seems we are owed some back-pay for the paid holidays, etc that we never received.

    And how can they give only one guy in our department health-care? And then, how can they give him only health-care and not the rest of the benefits package? Are we being discriminated against and what can we do?

    thank you

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Satellite Office Denying Benefits Available at Other Offices

    Sorry, but taking legal action against a tribal government is next to impossible.

    If you are Native American you get free health care and are exempt from Obamacare.

    If you are a US citizen employed by the tribe, and you don't like the terms of your employment, you are free to do what every other US citizen is free to do: seek employment elsewhere.

  3. #3

    Default Re: Satellite Office Denying Benefits Available at Other Offices

    ok, let's pretend it's not on the reservation---I'm just curious to hear the opinions.

    Then, what would the thoughts be on backpay for the paid holidays and vacation we weren't given, and the way they are gonna give just one guy health and dental? Not as anything pertains to Obamacare, but just from a general discrimination viewpoint?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Satellite Office Denying Benefits Available at Other Offices

    Tribal law is often so completely different that "what ifs" are really not helpful.

    Bear in mind that Federal law provides that only illegal discrimination is actionable and most forms of discrimination are in fact legal. Illegal discrimination happens when you're being penalized or singled out for a reason protected by law.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Satellite Office Denying Benefits Available at Other Offices

    Okay, I'll play your game.

    If it were not on the reservation it is 100% legal for different offices to have different benefits. Even if that means some offices have benefits that others do not.

    Weren't expecting that, were you? But it's nonetheless true.

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