Christopher J. Mckinney’s Answers

Christopher J. Mckinney

San Antonio Employment / Labor Attorney.

Contributor Level 8
  1. Under TX employment law can employer withhold paycheck without cause

    Answered over 5 years ago.

    1. Steven Eugene Clark
    2. Christopher J. Mckinney
    2 lawyer answers

    No. Of course your question says "without cause" so it is important to note that there are things that are legitimate reasons that give an employer a right to withhold a portion of a paycheck (e.g. child support withholding mandated by government, withholding for lost equipment if employee signed an authorization, etc.). Texas' Payday Act mandates that a terminated employee be paid by the earlier of a week or the next regular payday. If you have a claim for unpaid wages you can file a...

    1 lawyer agreed with this answer

    5 people marked this answer as helpful

  2. What does board certified mean?

    Answered about 1 year ago.

    1. Christopher J. Mckinney
    2. Brian W. Erikson
    3. Natalie Rebecca Lynch
    4. Lauren Elizabeth Goodhart
    5. Aaron Scott Hill
    5 lawyer answers

    In Texas, what is required to become Board Certified varies from practice area to practice area. Generally, it requires a certain number of years spent practicing in the particular area of law + a certain number trials in the area of law (this varies b/c some practice areas are not litigation related and so there is no trial requirement) + written certification from 10 lawyers ( a certain number of which must be board certified in the same area and I believe at least one must be a judge)...

    Selected as best answer

  3. My husband recently left a job and left some of his uniforms to be cleaned and someone stole them so now their holding his check

    Answered over 1 year ago.

    1. Christopher J. Mckinney
    1 lawyer answer

    In general, employers in Texas must have a written authorization from an employee before they can hold a check or deduct amounts for lost equipment, uniforms, etc from an employee's pay. Sometimes written authorizations are signed when the employment begins but often employers withhold payment without authorization. While legal action for such conduct is possible, hiring an attorney for such a matter is often cost-prohibitive. Another option is to file a "Wage Claim" with the Texas Workforce...

    1 lawyer agreed with this answer

  4. Can my employer change my job title without my knowledge

    Answered almost 6 years ago.

    1. Christopher J. Mckinney
    2. Okorie Okorocha
    3. Brian Wyld Freeman
    4. Alan James Brinkmeier
    4 lawyer answers

    In Texas the answer is absolutely yes. An employer may change an employees job title without knowledge or consent. The only possible constraints on the employers ability in this regard would come from an employment contract between the employee and the employer.

    1 lawyer agreed with this answer

  5. There is a discrimination lawsuit pending in federal court. There is Title VI and VII violation.

    Answered about 2 years ago.

    1. Christopher J. Mckinney
    1 lawyer answer

    Obviously the keys and ID are the company's property so return those as requested. As for the release forms, I would recommend you visit with a Board Certified labor & employment attorney before you agree to sign anything. Simply obtain a copy of whatever they want you to sign and take that with you to a visit with an attorney. It may cost you a small fee to visit with someone who is board certified in this are but it is a far better option than simply signing off on a release without...

    1 person marked this answer as helpful

  6. Can I work 2 different jobs with the same employer?

    Answered 7 months ago.

    1. Wayne Allen Fowler
    2. Daniel Lee O'Neil
    3. Christopher J. Mckinney
    3 lawyer answers

    Sometimes employers will split a job into two jobs and report them separately in order to avoid having to pay overtime or to avoid you reach "full-time" status and becoming eligible for health benefits, etc. So those are the primary issues to keep an eye out for in this type of situation.

  7. WAS FIRED RECENTLY AFTER 15YEARS/FEEL DISCRIMINATED BECAUSE OF MY AGE/SEX .THE PERSON WHO FIRED ME HAD MADE SEVERAL THREATS

    Answered almost 2 years ago.

    1. William Fulton Broemer
    2. Christopher J. Mckinney
    2 lawyer answers

    If you believe you were discriminated against on the basis of your age and/or sex, you should definitely consult with a board certified employment lawyer in your area. Some charge for consultations but that may be money well spent. Some, like my firm, offer a free review of your situation if you submit a short form detailing your situation. Once we review your form we will let you know if we can offer a free in-person consultation at that point or if we can refer you to another local...

  8. How can I determine if I was discriminated against when a federal contract was taken over by another company?

    Answered almost 2 years ago.

    1. Bradley Dillon Peek
    2. Christopher J. Mckinney
    3. Justin G. Randolph
    4. Christine C McCall
    4 lawyer answers

    You should visit with a Board Certified employment lawyer but yes the short answer is that you can take a matter like this to the EEOC. You should do so as soon as possible as tight timelines apply. Take names and contact info (if you have it) for the others who you think may have been similarly discriminated against due to their age.

  9. Is it unlawful for a company to retract their job offer alleging their is criminal history on a background check when there isnt

    Answered about 2 years ago.

    1. Guy Irvin Wade III
    2. Christopher J. Mckinney
    3. Christine C McCall
    3 lawyer answers

    I generally agree with what Guy says here. The only possible claim you may have would be for one for fraudulent inducement or some claim along those lines. In order to prevail you would need to show specific harm as a result of your reliance on their promise to hire you and you would need to show that they never had any intention of hiring you in the first place or at the very very least (and this would be a tough case) that they were negligent in their representations to you. It is not...

  10. Should I contact an employment attorney or other specialty?

    Answered about 2 years ago.

    1. Guy Irvin Wade III
    2. Christopher J. Mckinney
    3. Marilynn Mika Spencer
    3 lawyer answers

    Mr. Wade and Ms. Spencer are correct. You should consult with a an employment lawyer sooner rather than later. You may believe these threats to be empty but that might not prevent your former employer from filing a lawsuit. Obviously the employer does not consider them to be empty as it is paying attorneys to come after you. If it does sue you, you will have a very short timeline to hire an attorney to represent you and get the necessary responsive filings completed. Better to sit down...

We're ready to help. Contact us today.

210-832-0932