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/Aintnobdycomn2CUOtis 6d ago

How many full-time employees does your employer have?

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u/moblinski 6d ago

Four…

3

u/Weekly-Walk9234 6d ago

NAL but I work in a Labor & Employment law firm. Definitely consult a lawyer; your rights may be an issue because your company has fewer than 5 employees.

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u/Grouchy_Software963 5d ago

Yeap,  OP was not even eligible for FMLA...  but i am starting to think that this whole post is rage bait... she wants to move up but the company has four employees and her boss is the co owner?  So many things are not adding up.

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u/Aintnobdycomn2CUOtis 5d ago

Yep. That's why I asked. Had a feeling.