Employment Law Guide for Workers in McKinney, Texas

Introduction: Why Employment Law Matters in McKinney, Texas

The City of McKinney—Collin County’s historic county seat—has grown from an agricultural hub into a technology-driven suburb along U.S. 75. Whether you punch in at one of the medical centers near Virginia Parkway, code software for a startup in the Craig Ranch area, or commute to the Raytheon campus on State Highway 121, you are protected by federal and Texas employment statutes. Unfortunately, many McKinney employees still face wage theft, retaliation, disability discrimination, and hostile work environments. Understanding your rights—and when to involve an employment lawyer McKinney Texas—can make the difference between silence and justice. This guide delivers a strictly factual overview of workplace protections, complaint procedures, and local resources specific to McKinney residents.

1. Understanding Your Employment Rights in Texas

1.1 The At-Will Rule—and Its Limits

Texas is an at-will employment state. Under Texas Labor Code § 7.001 and long-standing common law, an employer may terminate an employee for any lawful reason or no reason at all. However, several crucial exceptions protect McKinney workers:

• Statutory exceptions: Termination cannot violate federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), or state counterparts like the Texas Commission on Human Rights Act (TCHRA) (Texas Labor Code Chapter 21).

• Public-policy exception: Employers may not fire workers for refusing to commit an illegal act, as recognized in Sabine Pilot Serv., Inc. v. Hauck, 687 S.W.2d 733 (Tex. 1985).

• Contract exception: Written employment contracts, collective-bargaining agreements, and certain employee handbooks create enforceable job security promises that override at-will status.

1.2 Core Federal Rights That Apply in Texas

• Minimum wage & overtime: The Fair Labor Standards Act (FLSA) sets a federal minimum wage of $7.25/hour and requires time-and-a-half for hours worked over 40 in a workweek, unless a specific exemption applies.

• Anti-discrimination: Title VII outlaws discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity per Bostock v. Clayton Cty., 140 S. Ct. 1731 (2020)), and national origin.

• Family and medical leave: The Family and Medical Leave Act (FMLA) grants eligible employees up to 12 workweeks of unpaid, job-protected leave for serious health conditions or family caregiving.

• Disability accommodation: The ADA requires reasonable workplace accommodations for qualified individuals with disabilities unless doing so would cause undue hardship.

1.3 Texas-Specific Rights

• Genetic discrimination: Texas Labor Code § 21.402 bars discrimination based on genetic information, mirroring the federal Genetic Information Nondiscrimination Act (GINA).

• Smoke-free workplace laws in certain municipalities protect employees from second-hand smoke; McKinney City Code Ch. 62, Art. VII covers most enclosed public workplaces.

• Open carry restrictions: Private employers may prohibit firearms on premises (Texas Labor Code § 52.062), but cannot discipline employees for storing a lawfully possessed firearm in a locked, privately-owned vehicle in the parking lot (Labor Code § 52.061).

2. Common Employment Law Violations in Texas

2.1 Wage and Hour Misclassification

McKinney’s rapid growth in gig-economy delivery services and oilfield support trucking has increased independent-contractor misclassification. Under the Department of Labor’s six-factor economic-realities test and relevant Fifth Circuit precedent (Hopkins v. Cornerstone Am., 545 F.3d 338 (5th Cir. 2008)), workers who are economically dependent on a company may actually be employees entitled to overtime.

2.2 Unpaid Overtime and Off-the-Clock Work

Healthcare employees at Baylor Scott & White Medical Center or CHI St. Joseph often work 12-hour shifts. If those shifts exceed 40 hours weekly, non-exempt nurses and techs are entitled to 1.5× their regular rate. Employers cannot average bi-weekly schedules to avoid paying overtime, per 29 U.S.C. § 207.

2.3 Discrimination and Harassment

According to the EEOC’s charge statistics, Texas consistently ranks among the top five states for sex-based harassment charges. Local industries—including aerospace, advanced manufacturing, and public education—may see:

• Pregnancy discrimination: Refusing schedule adjustments or light duty for expectant mothers.

• Racial harassment: Slurs or exclusion of Hispanic/Latino workers in warehouse settings.

• Age bias: Layoffs disproportionately impacting employees 40+ despite comparable performance.

2.4 Retaliation

Retaliation is the most frequently alleged basis in EEOC filings nationwide. Under Texas Labor Code § 21.055 and Title VII, employers cannot punish workers for opposing unlawful practices or participating in an investigation. Retaliatory acts include demotion, shift reductions, or negative performance reviews.

2.5 Wrongful Termination

Because Texas is at-will, “wrongful termination” applies only if the firing violates a statute, contract, or the Sabine Pilot public-policy exception—e.g., firing a mechanic for refusing to falsify vehicle-safety records.

3. Texas Legal Protections & Employment Laws

3.1 Texas Commission on Human Rights Act (TCHRA)

The TCHRA mirrors Title VII but applies to employers with 15 or more employees. It also allows direct filing with the Texas Workforce Commission–Civil Rights Division (TWC-CRD). Employees have 180 days from the date of discrimination to file a charge.

3.2 Fair Labor Standards Act (FLSA) Statute of Limitations

• Two years for ordinary minimum-wage or overtime claims.

• Three years for “willful” violations (29 U.S.C. § 255).

• Liquidated damages equal to unpaid wages may be awarded unless the employer acted in good faith (29 U.S.C. § 260).

3.3 Equal Employment Opportunity Commission (EEOC) Procedures

• File a charge within 300 days (because Texas is a “deferral state” with its own fair-employment agency).

• EEOC/TWC-CRD dual file the charge.

• After investigation, you may receive a “Notice of Right to Sue,” triggering a 90-day window to file a federal lawsuit.

3.4 Family and Medical Leave Act (FMLA)

Eligibility: 12 months of service and 1,250 hours worked in the previous 12 months for an employer with 50+ workers within 75 miles. Many McKinney-area school district employees meet the threshold. Interference or retaliation claims must be filed within two years (29 U.S.C. § 2617).

3.5 Whistleblower Protections

Public-sector employees, such as those at McKinney Independent School District, are protected by the Texas Whistleblower Act (Tex. Gov’t Code Ch. 554) when reporting violations of law to appropriate authorities. A grievance must be filed within 90 days of the adverse action.

4. Steps to Take After Workplace Violations

4.1 Document Everything

Maintain a contemporaneous journal noting dates, times, witnesses, and specific discriminatory or wage-related acts. Save copies of pay stubs, timecards, performance reviews, emails, and text messages. Courts often rely heavily on documentary evidence.

4.2 Use Internal Complaint Channels

Most large McKinney employers—such as Raytheon, Emerson, and Encore Wire—have formal HR policies. Timely complaints establish a record and may be required before filing an external charge in harassment cases (Faragher/Ellerth defense).

4.3 File with the TWC or EEOC

Workers can initiate a charge online, by mail, or in person at the Dallas District Office (207 S. Houston Street, Dallas, TX 75202—about 35 miles from downtown McKinney). The TWC’s local Workforce Solutions office at 1701 W. Eldorado Pkwy., McKinney, TX 75069, offers guidance but does not give legal advice.

4.4 Consult an Employment Lawyer Early

Statutes of limitation are unforgiving. A lawyer can ensure your administrative filings are timely and preserve claims for court. Many attorneys accept contingency-fee arrangements in wage or discrimination cases.

4.5 Do Not Retaliate

Avoid conduct that could justify discipline—e.g., insubordination or policy violations. Employers often defend by alleging legitimate misconduct.

5. When to Seek Legal Help in Texas

5.1 Red Flags Requiring Immediate Counsel

• You received a “final warning” or Performance Improvement Plan after complaining of discrimination.

• You are asked to sign a severance agreement containing a broad release of claims.

• Your employer denies overtime by classifying you as “exempt” without a clear salary basis or managerial duties.

• A supervisor repeatedly makes unwelcome sexual comments despite HR reports.

5.2 Choosing the Right Attorney

Under Tex. Gov’t Code § 81.051, only attorneys licensed by the State Bar of Texas may provide legal services in the state. Verify standing through the Texas Bar’s public search. Look for counsel experienced in federal court practice; the U.S. District Court, Eastern District of Texas (Plano Division) often hears Collin County employment suits.

5.3 Costs and Fee Shifting

Many statutes—Title VII, ADA, FLSA—include fee-shifting provisions allowing prevailing employees to recover attorneys’ fees and costs (42 U.S.C. § 1988; 29 U.S.C. § 216(b)). This makes litigation financially feasible for workers.

6. Local Resources & Next Steps

6.1 Government Agencies Serving McKinney

• Texas Workforce Commission–Civil Rights Division: (888) 452-4778; handles state discrimination claims.

• EEOC Dallas District Office: (214) 253-2700; processes federal discrimination charges.

• U.S. Department of Labor Wage & Hour Division (Dallas District): (972) 850-2600; enforces FLSA claims.

• Workforce Solutions for North Central Texas – McKinney: Offers job-search assistance and information on unemployment benefits.

6.2 Community Organizations

• Legal Aid of NorthWest Texas (McKinney branch): Provides free civil legal services to qualifying low-income residents.

• Equal Employment Opportunity Commission: Educational outreach programs on harassment prevention.

• Dallas-Fort Worth Chapter of the National Employment Lawyers Association (NELA): Referral source for plaintiff-side employment attorneys.

6.3 McKinney Court Venues

State claims may be filed in the 429th Judicial District Court of Collin County (2100 Bloomdale Rd.). Federal actions usually proceed in the U.S. District Court for the Eastern District of Texas, Plano Division (7940 Preston Rd.). Local rules impose early scheduling conferences and mediation requirements—an experienced employment lawyer can guide you through them.

6.4 Next Steps Checklist

• Write down the latest discriminatory or wage-violation event date.

• Calculate statutory deadlines (180/300 days for discrimination; 2 years for FLSA).

• Gather documents and witness names.

• File internal complaint if safe.

• Contact a licensed Texas employment attorney.

Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Employment laws change frequently, and application to individual situations varies. Always consult a qualified Texas-licensed attorney about your specific facts.

If you experienced workplace discrimination, wrongful termination, or wage violations, call Louis Law Group at 833-657-4812 for a free case evaluation and employment consultation.

Helpful resources:

Texas Workforce Commission – Civil Rights Division EEOC Dallas District Office U.S. Department of Labor Wage & Hour Division Sabine Pilot v. Hauck (Texas Supreme Court opinion)