Answers Posted By Christopher McKinney

Answer to Can a company arbitrarily enforce a non-complete agreement?

Arbitrary enforcement of Non-Compete Agreements

The answer to your question is generally yes, a company may pick and choose who it wishes to enforce a non-compete against. However lack of uniform enforcement may make it more difficult for the company to prevail on such claims.

Moreover, while I would need more facts to give you a legal opinion, the fact that your company is asking you to sign a non-compete only at the completion of your employment with the company could make it more difficult for the company to enforce the agreement.

Obviously, the easiest way to avoid this issue is to simply refuse to sign the agreement and take the job you have been offered.

Take care.

Very Best Regards,


Christopher McKinney
700 East Sonterra Blvd.
Suite 1202
San Antonio Texas 78258
(210) 832-0932
(210) 568-4101 Fax
The McKinney Law Firm



posted Feb 12, 2008 3:35 PM [EST]

Answer to Holiday and Overtime in same week

Overtime Pay

This answer will depend on the exact wording of your pay plan so I cannot give a definitive answer without speaking with you and gathering more information. This area of law can be complex. The short answer is that the company CAN accomplish most of what you say they are doing legally but they must so some very specific things and the pay plan must be worded in a very specific way. Companies very often don't handle these situations properly and end up breaking federal law in the process, entitling employees to a great deal more overtime and penalties. I would consult with a qualified employment lawyer who works with FLSA/overtime issues.

Very Best Regards,


Christopher McKinney
700 East Sonterra Blvd.
Suite 1202
San Antonio Texas 78258
(210) 832-0932
(210) 568-4101 Fax
http://www.themckinneylawfirm.com



posted Jan 23, 2008 09:30 AM [EST]

Answer to getting fired while on FMLA

FMLA Termination

The short answer is no. If it is shown that the reason for your husband's discharge is due to his taking FMLA leave then that would be a violation of the statute. This does not mean that he can't be fired for some other reason (like non-FMLA absences) as long as he is treated no worse than other employees in similar circumstances that were not on FMLA.


Christopher McKinney
700 East Sonterra Blvd.
Suite 1202
San Antonio Texas 78258
(210) 832-0932
The McKinney Law Firm



posted Dec 11, 2007 08:52 AM [EST]

Answer to Non-compete agreement for moonlighting employees

Non-Compete?

You should consider a policy that will accomplish your aim but a non-compete is likely not the way to go for this particular purpose. I suggest you make an appointment to see a Board Certified employment lawyer. Take care.

posted Sep 27, 2007 08:24 AM [EST]

Answer to Discrimination based on perceived disability

Perceived Disability

Yes it could. And not terribly covert at that. You need to speak with an employment lawyer as soon as possible. You will want to make sure you take your severance agreement so that she or she can review it for any language that might act to release your employer from liability. Such language is frequently found in such agreements.

posted Sep 11, 2007 08:54 AM [EST]

Answer to contract signed in india under duress

Shady Character

Sounds like you are dealing with a very shady character indeed. I would suggest that all of the teachers get together and pool their resources to hire an attorney to deal with this individual. You definately need representation on an issue like this. I suggest you look for some immigration attorneys as well as employment attorneys as immigration issues and fraud will be big issues in this case.



posted Aug 25, 2006 10:22 AM [EST]

Answer to contract signed in india under duress

Shady CharacterSounds like you are dealing with a very shady character indeed. I would suggest that all of the teachers get together and pool their resources to hire an attorney to deal with this individual. You definately need representation on an issue like this. I suggest you look for some immigration attorneys as well as employment attorneys as immigration issues and fraud will be big issues in this case.Christopher McKinney

posted Aug 25, 2006 10:21 AM [EST]

Answer to what is Texas law on this matter?

Recording Supervisor

The answer is yes and yes. It IS legal in Texas for you to tape record a conversation in which you are a participant. (Note it is not legal for you to secretly tape record a conversation in which you are not participating - like a phone tap.)

However, it is also legal for your employer to forbid such conduct or to ask you to leave the meeting.

posted Sep 2, 2005 08:33 AM [EST]

Answer to This was done during an investigation of a training session.

Employer asking personal questions

Yes. Unfortunately, it is legal for an employer to ask if you have a social relationship with another employee outside of work. Whether or not you choose to answer the question is up to you however (1) if you refuse to answer, the employer will assume the answer is "Yes"; and (2) if you refuse to answer your employer may fire you for insubbordination.

This is the sort of thing that exists because employees to not have "for-cause" employment protection as a general right. As long as the corporations and the republicans control the government, this is how things will stay.

Take care.

http://www.mckinneylaw.net
http://texasemploymentlaw.blogspot.com/

posted Aug 5, 2005 09:03 AM [EST]

Answer to Wges not paid & bounced checks

Seeking unpaid wages

Assuming you mean the Texas Workforce Commission when you say "labor board" then I think you are doing the correct thing. I would not recommend hiring a private attorney to seek this money for you because (1) the lawyer's fees will eat up much of what you may collect and (2) your likelyhood of collecting these funds are low unless the company turns itself around.

posted Aug 4, 2005 07:52 AM [EST]