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Christopher J. Mckinney
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Christopher Mckinney’s Answers

29 total

  • Need help my husband was wrongfully fired

    My husband was fired for not meet expectations but he was unable to due so because of the store owner saying they could not afford to buy inventory. They were also talking about recently buying 2 cars and house with in the last couple of months. T...

    Christopher’s Answer

    He should definitely apply for benefits. Not meeting an employer's expectations is generally not a ground for denial of unemployment unless the employee engaged in misconduct of some sort.

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  • Do I have to register my company in every single state where I will have a sales rep?

    I would like to begin hiring sales reps in 20 different states to sell my software solutions. I am based out of Dallas, TX. Until now, I have been selling nationwide via online/telephone orders, so no real physical presence elsewhere. From what I'...

    Christopher’s Answer

    If you do business in a state then you generally need to register your company with that state's Secretary of State (or equivalent). It is not hard nor expensive but you would need to do a little research or hire someone to help. Failure to register a business might make it possible for someone in one of those states to sue and take a judgment against you without giving you actual notice of the lawsuit b/c you have not properly listed your agent for service of process.

    A thornier issue is to which state you will have to pay unemployment and other taxes. I would suggest you sit down with a qualified tax and employment lawyer to discuss these issues as you plan your expansion.

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  • Was it wrongful termination or wrongful suspension?

    Friday morning there were some guests that came in and wanted to sit at the bar. At the time it was littered with water bottles. I asked the cook/manager if he still wanted his water bottle. He replied to leave it there. I assumed he didn't see me...

    Christopher’s Answer

    I am not a New Mexico lawyer so my answer is limited to considerations under federal employment laws. Usually these are the same as their state counterparts but NOT ALWAYS.

    The situation you describe does not sound like something that would be protected by law. There is no general law against your boss or your employer being a jerk.

    If you were being targeted for such treatment because of your membership in a protected EEOC category (age, gender, religion, disability, etc) or because you have recently filed a workman's comp claim, then perhaps you would have a claim.

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  • Will disorderly conduct tickets from more than three years ago show up on a background check?

    When I was 21 I received two citations, one for a noise complaint and a one for fighting. I was never arrested and was just given a ticket both times. I paid both of the ticket and never went to court or anything like that. I am now graduated from...

    Christopher’s Answer

    It really depends on the type of background check ordered. You can order such checks to only look for certain types of criminal convictions or you can request a more thorough report that would show most anything. Wish I could give you a more definitive answer but truly it just depends.

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  • Should we seek legal help for this?

    My father was terminated from his job. He applied for unemployment benefits, and was denied, because his former employer had his attorney send a letter stating that my father quit, and was not fired. He also lied about several other things. Is the...

    Christopher’s Answer

    While it doesn't guarantee it, having an attorney certainly increases your chance of success at a TWC appeal hearing. For some the $500-$1000 (it varies) cost of such representation is more than they can afford and that is certainly understandable. Given that you may collect up to $8,000 to more than $12,000 in benefits (depending on salary level and how long you are out of work) it is definitely a good value to hire an attorney if you can afford the up front fee.

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  • Can I work 2 different jobs with the same employer?

    I work between 20-25 hours a week. 15 as a housekeeper and maybe 10 as an on-call front desk clerk. It takes about 18-20 minutes Max to clean the room and a minute or 2 to check a guest in or give them toilet paper or towels. I do live on site but...

    Christopher’s Answer

    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.

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  • What does board certified mean?

    I heard that some lawyers are not board certified. What does that mean in a family court case? Can that lawyer not do everything he should be able to help me with?

    Christopher’s Answer

    • Selected as best answer

    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) stating that they have practiced with you in that area of law and you are competent. In addition to this the applicant must take and pass a multi-day examination in that specific practice area.
    Once an attorney becomes board certified he or she is required to maintain that certification by attending a high number of continuing education credits in that specific area of law.
    Becoming Board Certified is not easy. While it certainly should not be relied upon as the only criteria for selecting an attorney, it is at least some indication that this individual has been practicing in this area of law for a number of years and is recognized and has been tested and found to have a certain level of competence in the area.
    If I had a choice between 2 lawyers and the only difference between them was the fact that one was Board Certified in the area of law I was hiring them for and the other as not, I would hire the Board Certified Lawyer.

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  • 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

    we have turned all the rest except for the ones that were left at his job, and now since their missing they will not give us his paycheck

    Christopher’s 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 Commission. They have a very helpful website and they maintain an entire division of the agency that seeks payment of wages owed by employers on behalf of employees.

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

    WITH MY JOB IF I DIDN'T GET RID OF ONE OF MY EMPLOYEES(I DID NOT HAVE POWER TO FIRE ANYONE) WHEN I TRIED TO DOCUMENT THE EMPLOYEE I WAS THEN WRITTEN UP FOR BEING "MEAN" TO MY EMPLOYEES.THE MANAGER WHO FIRED ME DID NOT "LIKE" ME AND IT WAS KNOWN ...

    Christopher’s Answer

    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 attorney who might be able to better serve your needs.

    Christopher McKinney
    Phone: (210) 832-0932

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

    Recently a federal (SBS) contract was taken over by another contractor. All incumbents where asked to apply for the jobs that they where currently assigned. When the new contractor hired the new staff several of the incumbents where not hired they...

    Christopher’s Answer

    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.

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