Non-employee reprimanded me

[aperu07]

My jurisdiction: Arizona

I work for a private gymnastics owner, his wife periodically comes in and checks on how things in the office are going which is where I mainly work. She is not a owner nor is she an employee of the gym, she is simply married to the owner. I have had several uncomfortable moments resulting from the owner and after 7 months of tolerance and trying to ask him to stop several times my boyfriend came in and nicely asked him to stop mistreating me because it is very inappropriate, the owner asked if it was a threat and my boyfriend say no. The next day his wife came in a wrote me up for being 20 minutes late when in all actuality I was 4 minutes late, the company is very relaxed and not strict on policy and this was the first time I had heard of anyone being writen up for tardiness, even though just about everyone comes in late everyday. I know that the write up was only because of the confrontation my employer and my boyfriend had

My question is, does his wife have the power to reprimand me and give me the write up, she was very rude and typed up the paper herself. When I explained the entire situation she said my boyfriend does not work here so he had no say in what goes on but she does not work here neither so does this make the write up void? It was my first write up.

Keep in mind the woman and myself were very chummy before this incident and she had told me repeatedly that she wanted to beat up the office manager because of a relationship she previously had with her husband. These threats were made at the gym. The office manager was also present in the meeting and tried to explain how inappropriatly the owner had been treating me but his wife ignored it.

 

[cbg]

There are no laws in any state dictating who may and who may not write up an employee. She has the power to do so if the company permits it. If they don't, she does not.

This is completely an internal issue and not a matter of law.

 

[aperu07]

What about making threats against other employees? Does she have the right to do that? I am not looking to sue, I am just trying to make sure I can recieve unemployment if they terminate me which I know they will because I am a threat now. The owner had sexually harrassed me several times with witnesses and had physically grabbed me and yanked me by the shirt in front of students and parents and has verbally abused me daily. Who do I report that to?

 

[cbg]

I repeat, she has the authority to do anything that the company gives her the authority to do.

You report sexual harassment to the EEOC.

 

[Green_Hornet]

A.R.S 23-1501 offers a retaliatory discharges statute. A.R.S 23-1502 offers a Constructive discharge statute.

You can write a written request to have problems corrected directly with management:

A.R.S 23-1502 E 2

2. A notice that is substantially in the following form satisfies the notice requirements of this section:
An Employee is encouraged to communicate to the employer whenever the employee believes working conditions may become intolerable to the employee and may cause the employee to resign. Under section 23-1502, Arizona Revised Statutes, an employee may be required to notify an appropriate representative of the employer in writing that a working condition exists that the employee believes is intolerable, that will compel the employee to resign or that constitutes a constructive discharge, if the employee wants to preserve the right to bring a claim against the employer alleging that the working condition forced the employee to resign.

Under the law, an employee may be required to wait for fifteen calendar days after providing written notice before the employee may resign if the employee desires to preserve the right to bring a constructive discharge claim against the employer. An employee may be entitled to paid or unpaid leave of absence of up to fifteen calendar days while waiting for the employer to respond to the employee's written communication about the employee's working condition.

F. Notwithstanding any other requirements of this section, an employee may bring a constructive discharge claim without prior written notice in the event of outrageous conduct by the employer or by a managing agent of the employer including sexual assault, threats of violence directed at the employee, a continuous pattern of discriminatory harassment by the employer or by a managing agent of the employer or other conduct if the conduct would cause a reasonable employee to feel compelled to resign.

 

[cbg]

Please identify the ILLEGAL retaliation in the poster's scenario.

 

[Green_Hornet]

Please identify the ILLEGAL retaliation in the poster's scenario.

Never said there was showing her the two statutes. She can file with the manger under 23-1502

1. Evidence of objectively difficult or unpleasant working conditions to the extent that a reasonable employee would feel compelled to resign, if the employer has been given at least fifteen days' notice by the employee that the employee intends to resign because of these conditions and the employer fails to respond to the employee's concerns.

If the employer does not respond in 15 days to her concerns she can resign.
aperu07 contact an attorney in your state familiar with the two laws for further clarification.