Answers Posted By Christopher McKinney

Answer to bonus

Taxes on Bonus Payments

Yes - the taxman always collects from earnings, and this includes bonus payments.

Take care.

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

posted Aug 2, 2005 08:50 AM [EST]

Answer to Signed contract-Changed Mind

Controlled by Contract

This is one of those questions that no one will be able to answer for you until they have an opportunity to read the contract at issue. My experience with physician contracts is that they typically contained fairly detailed provisions regarding early termination by one part or the other. Carefully review your document to see if it spells out any specific remedies for the employer. If you wish to contact us you may at www.mckinneylaw.net />Take care.

posted Apr 8, 2005 1:39 PM [EST]

Answer to Coworkers that work longer hours for free is making it difficult for my job security.

Odd Overtime Situation

Your overtime issue is a little different than most. Assuming for the purposes of this answer that both you and your coworkers are nonexempt employees eligible for overtime pay (something your employer apparently believes as it is paying overtime), it is probably your coworkers, and not you, that have a viable overtime claim. The law does not allow an employer to accept overtime work without overtime pay even if it is volunteered. Therefore your coworkers may have viable claims for all fo the overtime work they have put in (although it sounds like they would not be interested in pursuing same). In your case, the law does not REQUIRE to make overtime work available to anyone and so the fact that you are not getting overtime hours (b/c your co-workers are doing the work for free) is likely not actionable by you.

posted Jan 26, 2005 09:09 AM [EST]

Answer to desperate to get out of non-compete clause

Non-Compete dependant on specific language and facts of situation

These cases are very fact specific.� Non-competes ARE enforceable but only if properly drafted and then, only to a certain degree.� If you believe your employer intends to attempt to enforce the non-competition agreement then you should sit down with an attorney and go over the agreement and your work history so he or she can give you an honest and informed opinion.� It may cost you a couple of hundred dollars but it will be money well spent.
�
You might want to do a search on this message board as there are many many entries relating to non-competes.� You can also look on my website:� http://www.mckinneylaw.net for more information.

posted Aug 18, 2004 08:27 AM [EST]

Answer to non-compete

Fact Specific

These cases are very fact specific. Non-competes ARE enforceable but only if properly drafted and the, only to a certain degree. If you believe your previous employer intends to seek and injunction and sue you and your new employer then you should sit down with an attorney and go over the agreement and your work history so he or she can give you an honest and informed opinion. It may cost you a couple of hundred dollars but it will be money well spent.
You might want to do a search on this message board as there are many many entries relating to non-competes. You can also look on my website: http://www.mckinneylaw.net for more information.

posted Aug 6, 2004 3:32 PM [EST]

Answer to Employer seeking depositions without filing charges

Pre-Suit Depositions

From your description, it appears that your former employer's attorney is utilizing a rule in the Texas Rules of Civil Procedure that allows for the taking of depositions without filing suit for the purposes of investigating a potential claim. Many lawyers are not aware of this provision but such depositions are allowed under the rules as long as a requisite showing of facts is made.

You should immediately hire counsel to assist you in this situation and to represent you at the upcoming hearing. It is entirely possible that a judge will allow this deposition to go forward in any event but without a lawyer, you can be sure of it. A lawyer may be able to narrow the scope of inquiry that your former employer may use at the deposition and may be able to block it altogether, give that it may be nothing more than an unlawful attempt to harasser a business competitor (namely you).

I suggest you obtain counsel that is Board Certified in Labor and Employment Law as such issues will predominate your situation.

If you wish, you may visit our website for more information about such issues: http://www.mckinneylaw.net />

posted Jun 6, 2004 2:23 PM [EST]

Answer to independent contractor held to non compete agreement

Non-Compete

The type of agreement you describe is likely to be found too broad to be enforceable as written. Your attorney may be able to overcome it all together or to get a judge to narrow the scope of the non-compete clause (for example: reduce it to a 2-mile radius for 6 mos.) These types of contracts are very fact specific and a lawyer will need to read the agreement and discuss the facts with you in greater detail before reaching a definitive conclusion. For more information, visit our website:

http://www.mckinneylaw.net

McKinney & Webster, P.C.
Texas Employment Lawyers

posted May 27, 2004 09:08 AM [EST]

Answer to Final pay issues.

Final Pay Issues

You have the right to any money you earned before your employment ended. You can hire a lawyer to prosecute your contractual and/or equitable claims for commissions or you could file them yourself in JP (small claims) court. You can also file a Wage Claim with the Texas Workforce Commission. Visit: http://www.twc.state.tx.us/customers/jsemp/jsempsub8.html for the form you need to fill out to file. The TWC will definately accept a claim for the back salary you are owed. They will also look at the commission issue IF you had a written contract or policy spelling out the commission structure.
You can also visit our website at:
http://www.mckinneylaw.net

posted Apr 7, 2004 1:59 PM [EST]

Answer to Blocked account and work interview

Payday Act

You need to contact the Texas Workforce Commission to file a complaint for a violation of the Payday Law. For more info, visit our website:

http://www.mckinneylaw.net

posted Nov 21, 2003 09:16 AM [EST]

Answer to Is non-compete valid after layoff?

Non-competes

Non-compete agreements are tricky to enforce under any circumstances. Whether your agreement is enforceable at all will depend on its specific requirements, its scope and whether you received adequate consideration in return for signing it. There is obviously a waiver issue at play in your case due to your employer's subsequent conduct. Visit our website:
http://www.mckinneylaw.net
for more information and/or to contact us.

posted Nov 18, 2003 11:35 AM [EST]

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