In any business, there runs the risk of disgruntled employees. Casinos on average see more than their fair share. Here are some easy-to-implement ways to minimize liability when it comes to employee claims. According to the law firm of Richard G. McGee, LLC, implementing many of these practices below will also enhance the employee experience.
Define Expectations & Provide Training
The first step is to be sure the employment relationship is clearly defined through employee handbooks, standard operating procedures, job descriptions, and performance evaluations. Once there is a clear definition, provide adequate training to increase employee understanding and buy-in. Ensure that supervisors fairly hold employees and themselves accountable to the defined terms and conditions. Employees will recognize that the rules are fair and are applies equally.
Tribal Law & Consent
While Tribal casinos cannot directly write Tribal laws, once the Tribe defines employment laws, the casino can draft policy which is loyal to those rules. Because there is so much ambiguity whether certain federal employment laws apply to tribal gaming enterprises, adopting fair employment laws which reflect the uniqueness of the Tribe and the business needs of the casino can bring clarity. Courts will likely give more credence to Tribal law than Tribal policy, therefore, defining employment rules as Tribal law exercises the Tribe’s sovereignty. Additionally, to help reinforce the Tribe’s jurisdiction over all employees, it is recommended that casinos have all employees sign consent to the exclusive jurisdiction of the tribe if claims arise.
Government & Sovereign Immunity
Casino human resources has an opportunity to place the finger of Tribal government on enterprise employment documents like the employee handbook or personnel procedure manual to reinforce the idea and reality that Tribal enterprises are an exercise of the inherent sovereignty of the Tribe and part of the Tribal government operations. Sovereign immunity protects governments and their enterprises from lawsuits unless, according to the United States, the US is the party presenting a claim against the Tribal government or Tribal entity.
Insurance
Protect casino decision-makers with insurance if those decision-makers are sued in their individual capacity for business-related decisions. The casino’s insurance broker can assist in evaluating the products which are appropriate and can discuss who should be covered and over what events.
Delegation
Employment decisions like hiring and firing should not be a Tribal council decision. When employment decisions are delegated from the Tribal council to the casino management team, the claims of “political” influence will still be heard but with less frequency. Management should have hiring protocols in place to provide protection against the claims of politics if tested in the courtroom.
Providing training around all issues from sexual harassment, and job duties to basic safety at work is the fastest way to start limiting your casino’s liability.
**https://www.richardmcgeelaw.com/how-can-the-tribal-casino-activelyminimize-liability-to-employee-claims