Christopher J. Mckinney's Answers

Under TX employment law can employer withhold paycheck without cause

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...

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Can my employer change my job title without my knowledge

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.

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If I am terminated for refusing to sign a non compete agreement, will I qualify for unemployment benefits in Texas?

Refusing to sign a noncompete should not qualify you from receiving benefits as it should not be considered misconduct connected with the work. You will want to do more research on this topic by visiting the website for the Texas Workforce Commission. Hope this helps.

Can an employer reduce my pay and give other employees a raise?

In a word: Yes. Truthfully, the answer may be yes and may be no but to say for certain more information is needed. Determining whether something is legal or illegal in the employment law context is often less about what action was taken and more about the motivation for the action taken. So in your case for example, if your employer took this action b/c of your new job duties then yes it is likely perfectly legal. If, however, the action was taken because of your race or gender or...

Can a company tell me not to come in to work to avoid paying me for a paid holiday? (Texas)

In order to answer this question, we would need to know more about your employment situation. Specifically, whether you are exempt (usually salary) or non-exempt (usually hourly) under the FLSA. Companies often get this incorrect so we would further need to look at your specific job duties and responsibilities.

I was fired due to improper cash handing the drop boxes under the drawers were broken how can i fight for my unemployment

When an individual files for unemployment insurance compensation (UI) there are a number of steps the Texas Workforce Commission (TWC) goes through to determine if that individual meets the requirements necessary to receive UI benefits. Several weeks after you apply for UI benefits, you will receive a document called a Determination Notice that lets you know the agency's decision on whether you meet the requirements or not. A copy of the Determination Notice is also sent to your recent...

Can my employer tell me who I can work for if I quit or get fired from my current job?

If you do not have a noncompete agreement then this would be very difficult for the company to enforce. There are a limited number of situations in which a person is so high up in an organization that he/she literally could not go to a competitor without violating common-law duties to his/her prior employer. These are far and few between and generally only involve the highest level of company executives. For all others, the company will need a valid noncompete in order to follow-through with...

Can an employee be fired for talking to a former employee outside of work hours?

Unfortunately, the answer to the question you ask is Yes. A company is free to use poor business judgment and terminate an employee because he or she is doing something outside of work that the employer just doesn't happen to like. This will continue to be the case as long as employees/voters accept the "at-will" protections currently given to companies in Texas. However, IF the current employees are discussing their working conditions amongst themselves then the discussion might be...

Is an employer required by law to interview "green card" holders for jobs?

Yes. An employer may not discriminate against job applicants based on their national origin as long as they are properly documented and legal to work in this country. An employer may not limit its choice to only "US Citizens" to the exclusion of others who are legal to work in this country. Obviously, none of this applies to anyone who is in this country illegally. Not only do you not have to hire such individuals - it would be illegal to do so. Take care.

Nepotism/Discrimination Lawsuit?

Family companies (i.e. nepotism) are legal in Texas. In fact, I am not aware of any state in the Union in which they are illegal. This is one of those situations where it might be a bad business idea but it isn't illegal. My advice would be to begin looking for a better job in a company that isn't going to block your advancement in favor of a less-competent cousin. Take care.