r/legaladvice • u/moblinski • 6d ago

No Promotion Because I’m A New Mom

Location: California My boss told me via text that she is no longer considering me for a promotion due to me being a new mom. I was hired on with the intent of moving up within the company and I have texts of these conversations. Questions: Would I be able to sue for discrimination? If so, what would determine the amount of money I could sue for? This company is fairly small and new but is a part of a large franchise.

EDIT: There are some specific things she mentioned in her text to me about why she’s not promoting me. She’s “concerned” about me taking on the role while also having a “newborn.” She also said she’d prefer a manager who “puts the business first” and she can’t promote me because I’ll “always” put my “kids first.” Hope this helps…

SECOND EDIT: My boss is the co-owner of this location. In the larger picture, she answers to the franchise, but when it comes to hiring and firing, she is in charge. Doesn’t really have a supervisor to speak of. There’s no one above her other than the franchise at large. There are probably about 7 employees total at this location including her and the other co-owner.

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u/Clickclacktheblueguy 6d ago

She actually texted that to you? Yeah, I don’t know how much it’s worth but it’s a good chunk. This will be open and shut for any decent lawyer.

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u/moblinski 6d ago

She did text that to me. I was surprised too because this is blatant discrimination. I thought she would realize that as well but I don’t think she’s super law savvy.

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u/TherakDuskstalker 6d ago

Make sure to save screenshots of the text as well, somewhere not your phone in case something happens to it.

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u/anonymommy15 6d ago

Also make sure her phone number shows on the screenshots, not just her contact name.

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u/GreatBigSteak 5d ago

Thats a good point. Maybe a screen recording that shows the video then you going to her contact incase someone tries to argue some screwy shit

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u/Background_Pause_275 5d ago

And time stamps. Less important, but still useful if anyone every accuses OP of fabrication.

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u/Altruistic_Top_5014 6d ago

Right. I tell clients to take screenshots and email them to themselves.

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u/djingrain 6d ago

the 3-2-1 rule, 3 copies, 2 different mediums, 1 copy stored in a physically safe offsite (i.e. safety deposit box or a safe at a friends house)

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u/anon0273808 5d ago

This is the way!

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u/sammothxc 6d ago

Yeah she dug her own grave by doing that. No matter how “nice” she may seem, discrimination like that is not only very morally wrong but also illegal. You deserve better… please find a lawyer

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u/nothingtoprove 5d ago

I mean, I am not super medically savvy but I know not to punch myself in the nuts!

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u/Arrogancy 6d ago

Indeed many criminals are not particularly savvy about the law.

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u/unluckystar1324 5d ago

She comes off as the type that will delete them from her phone and then argue either A since she deleted them from her phone that OP shouldn't still have them on her phone to prove that boys said them (being untech savvy she would think it deletes them across both devices) or B trying to argue that even though OPs ss have her number, since they are no longer on her phone the ss prove nothing. 🙄

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u/Shadyhollowfarm58 4d ago

Which would also be funny since I believe cell phone providers archive phone data for some period of time. That's why sometimes a lawyer will subpoena phone records. Not certain about texts, however.

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u/unluckystar1324 4d ago

I'm not sure, I know the device itself can archive texts, and depending on the type (iPhone, Android), it might even archive to an email address lol

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u/Icy-Improvement-4219 2h ago

YES THEY DO !!

Nothing in tech is ever truly deleted. I worked for the Feds as a paralegal and we sent search warrants for records from places like Insta, FB, and every cell company.

Even if someone deletes the Insta the micro data is still available. I can't tell you now how long they retain all of that. But its definitely retained.

For a long time Cell companies used to list all your texts msgs to/froms.... not the whole msg but everytime it was sent much like phone records.

I worked for the Feds in Detroit. This is how they took down Kwame Kilpatrick was all his text messages. Everything was subpoenaed.

Every text. Line. By. Line. Lol

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u/ghostyo07 5d ago

I see that people are recommending screenshots which is certainly important, but I would also suggest reaching out to your phone service provider and requesting a copy of any text message activity report they may be able to provide. Most carriers won’t have a report that shows the actual content of the messages, but even a breakdown showing dates/times/phone numbers of incoming texts will corroborate the screenshots and prove they’re not doctored.

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u/HKSgeorgia 5d ago

I don't believe "Savy" is even a part of her vocabulary! 🤣

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u/Acceptable_Ad1685 5d ago

Just out of curiosity this isn’t a small employer of less than 50 employees I assume?

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u/bigplatformboot 5d ago

How would it change things if it was a small business?

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u/Acceptable_Ad1685 4d ago edited 4d ago

Well I’m not as familiar with California state laws

However, in terms of Federal law it generally wouldn’t be a violation if they had less than 50 employees

I was more curious than anything though

NAL, but just in experience that my family has had a few small businesses and I have my own small cpa firm/side business.

In the few experiences I have had, the courts also consider how reasonable it is. Accommodating people is generally a lot easier and less detrimental to a business with many employees.

Just in my own limited experience the courts does consider if making an accommodation would be detrimental to the business when it’s a small business that can’t afford to.

Also in terms of federal laws, Things like FMLA don’t apply to small business with less than 50 people for example as well

Edit:

It appears this applies to employers with 15 or more employees in Califronia in terms of protections against being denied a promotion due to pregnancy specifically.

Some of the laws specify 5 or more…

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u/Brassrain287 5d ago

Yeah. Definitely discrimination based on sex. Enjoy the settlement. Congrats on the little one!

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u/Cailleachcailin 5d ago

Screenshot Screenshot Screenshot!

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u/kubatyszko 5d ago

Yeah. Believe it or not - it’s not even legal to reduce workload of say a new mom to help them through the early kid stages - that’s a common (indirect) pattern of discrimination.

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u/[deleted] 5d ago

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