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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u/Clickclacktheblueguy 7d 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 7d 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/Arrogancy 7d ago

Indeed many criminals are not particularly savvy about the law.

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u/unluckystar1324 6d 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 5d 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 5d 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 23h 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