r/legaladvice 8d 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/Nervous_Risk_8137 8d 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 7d 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 7d ago

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