As a volunteer firefighter/EMT, will I be protected from termination and discipline if I get called to a 911 call or am late to work because of a 911 call?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

As a volunteer firefighter/EMT, will I be protected from termination and discipline if I get called to a 911 call or am late to work because of a 911 call?

I work at a beach resort casino. Do casinos have to follow federal law? Does the volunteer firefighter/EMT job

protection act still apply?

Asked on September 1, 2019 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The federal law was never passed; it languished in Congress. Your state (Washington) does have it's own version, which states that "(1) An employer may not discharge from employment or discipline:
(a) A volunteer firefighter or reserve officer because of leave taken related to an alarm of fire or an emergency call;"
This law can be found at RCW 49.12.460, so it would seem to offer you protection--or at least it would, if your employer were not an Indian casino. According to your casino's website, "Quinault Beach Resort and Casino opened in May of 2000. It is owned and operated by the Quinault Indian Tribe. We are the only beachfront casino on the Washington coast.
Indian tribes are "semi-sovereign" entities: in many ways, they are like foreign countries residing within the U.S. They are NOT governed by many state laws, including many labor laws, but rather make their own laws. It is very possible that the WA state law protecting firefighters, etc. does not apply to them. Tribal casinos are considered part of their tribes (e.g. tribal lands) and so are governed by tribal law. While some state and federal laws will apply on tribal ground, not all do, and which apply and which do not is complicated.
Tribal law is a very complex topic and each tribe has its own set of laws. Also, tribal casinos are governed by "compacts" with the state's hosting them and those compacts may require the tribes to voluntarily accept certain restrictions (like in regards to labor practices). So we cannot give you a definitive answer: all we can say is that because you work for a tribal employer, there is a good chance you are NOT protected by WA's volunteer firefighter related law, and if you are not protected, you can be fired for answering a call. 
For a definitive answer, you have to pose the question to a lawyer in your area who is familiar with this tribe's laws as well as with Indian law and Indian casinos generally.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption