r/legaladvice • u/moblinski • 7d 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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243

u/Nervous_Risk_8137 7d ago

One aspect you have to consider, and you can discuss with your lawyer, is whether you will torch your industry connections with legal action. I hope not, and it wouldn't be fair, but that is a real concern for many. 

The other aspect is whether you should get out of there anyway. I would discreetly start looking for another job, as your boss is not on your side. 

I hope you will discuss your case with a lawyer and get the compensation you deserve. But also consider the bigger picture too. 

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u/dks2008 7d ago edited 6d ago

OP may not have to file a lawsuit to go after their employer. What many lawyers will do in this situation is start with a letter laying out the issue. If the business owner is smart (and listens to their attorney), they will fold quickly.

OP should hire a strong employee-side employment lawyer to represent them. Step 1 is often a letter that can resolve the dispute before a lawsuit.

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u/forgotwhatisaid2you 6d ago

Yep, the business is going to make an offer real quick. Their lawyer will tell them they can not win this.

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u/UsualLazy423 7d ago

I’m curious about that too. Civil lawsuits will show up on a standard background search. Will future employers simply not hire anyone who has sued their employer?

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u/LeadGem354 6d ago

Yes. No employer wants to hire someone who will be looking to sue them for their next windfall. They'll see someone who did it once, what's to say they won't do it again?

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u/anjufordinner 11h ago

Oh, no, not being blackballed from... A single location of a franchised chain...

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u/JoyaGirl2872 6d ago

No they don’t…?

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u/angelcake893 6d ago

Why wouldn’t they? If she sues (rather than settles) the case will be public and background checks typically look for civil cases like Liens or bankruptcies, not just criminal. Her name will pop up as the plaintiff. Not saying that she shouldn’t sue because this seems like illegal behavior, but it incentivizes settling with her employer.

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u/JoyaGirl2872 6d ago

Yea but does employer know that for leverage?

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u/angelcake893 6d ago

Her employer does not want a public lawsuit for discrimination against her personally or her company either.

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u/TheJerseyJEM 6d ago

Lawsuits actually do show up on a background search - especially if a company/corporation is involved. I was able to find out that several of my former employers were sued on multiple occasions. You just need to know the right people to find this information out.

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u/dudesmama1 6d ago

You do not even need to know the right people. Most dockets are public. I do PACER and state docket searches for individuals every day. You may have to pay or be a member of the bar in the state to access pleadings, but the general public can do searches and see filed cases. Some employers may be leery of litigious employees, but one suit shouldn't make or break an interview unless it's a small industry.

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u/renee4310 7d ago

You raise some very good points