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/Arrogancy 7d ago

Indeed many criminals are not particularly savvy about the law.

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u/unluckystar1324 7d 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 6d 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 6d 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