Q: I am an accountant. Can I be fired for not doing my previous trade of doing graphic art work for my employer?

A: You can only be fired for not doing graphic art work if it is part of your job description or agreed-upon duties. If your employment contract or job role includes graphic art responsibilities, then not fulfilling these tasks could be a reason for termination.

However, if your primary role is accounting and graphic art was not initially part of your job responsibilities, your employer should not expect you to perform these tasks. It would be unfair and possibly against employment laws to fire you for not doing work outside of your agreed-upon duties.

Working within a sovereign tribe means that specific codes and regulations may apply, but federal and state laws still hold significant weight. If you feel your employer's demands are unreasonable, consider discussing this with a legal advisor to understand your rights and protections better.

A: As an accountant working for a sovereign tribe in Washington, you may have specific employment terms and conditions that are influenced by both tribal codes and state or federal laws. Here are some key considerations regarding your situation:

Job Duties and Employment Contracts

Employment Contract: Review your employment contract or job description. If your contract specifies that your duties are limited to accounting, then being asked to perform graphic art work may fall outside the scope of your agreed-upon responsibilities.

At-Will Employment: If you are an at-will employee, your employer generally has the right to terminate your employment for any reason that is not illegal (e.g., discrimination, retaliation). However, if you have a contract that specifies your duties, your employer may be limited in their ability to fire you for not performing tasks outside those duties.

Legal Protections

Washington State Laws: Washington state laws provide certain protections for employees, including those related to wrongful termination. For example, if you are being asked to perform duties that are not part of your job description and you refuse, firing you for this refusal could potentially be challenged as wrongful termination, depending on the specifics of your employment agreement and the circumstances.

Federal Laws: Federal employment laws also apply, offering protections against discrimination and ensuring fair labor practices. If your refusal to perform graphic art work is based on a legitimate reason (e.g., lack of skill or training), you may have grounds to contest any adverse employment action.

Tribal Sovereignty

Tribal Employment Laws: As you work for a sovereign tribe, tribal employment laws and codes may also apply. These laws can vary significantly from state and federal laws, and it is important to understand the specific legal framework governing employment within the tribe.

Steps to Take

Review Employment Documents: Carefully review your employment contract, job description, and any relevant employee handbook or policies to understand your rights and obligations.

Consult with HR: Speak with your Human Resources department to clarify your job duties and express your concerns about being asked to perform tasks outside your expertise.

Seek Legal Advice: If you believe your rights are being violated, consider consulting with an employment attorney who has experience with tribal employment law. They can provide guidance based on the specifics of your situation and help you understand your legal options.

Summary

In summary, whether you can be fired for not performing graphic art work as an accountant depends on the terms of your employment contract, the nature of your employment (at-will or contractual), and the specific legal protections available under tribal, state, and federal laws. Reviewing your employment documents and seeking legal advice are crucial steps to understanding and protecting your rights.