Skip to main content
Michael Lincoln Metzner

Michael Metzner’s Answers

3 total

  • Settling a debt owed using a confidential for settlement purposes only letter

    According to Florida Statute 90.408 it appears that a person could approach someone from whom they stole money and pay it back and the info could never be used against them in court. This, along with a general release from all their claims agains...

    Michael’s Answer

    The statute you've cited actually speaks to the inadmissibility of settlement dialogue but remember, your written Release can inlcude a confidentiality provision which protects you for both disclosing the money to the IRS, as well as responding to a subpoena. By way of example only, your confidentiality provision might read as follows:

    "The Releasing Parties agree that this Release and any and all matters concerning the resolution of the dispute between the parties, other than the fact that the dispute has been amicably resolved, will be regarded as confidential information between the parties, and except as required by legal process, tax reporting purposes, or to enforce the terms hereof; neither they, nor their counsel, will reveal, disseminate by publication of any sort or release in any manner or means this Release, or the contents of this document, to any other person or entity, including without limitation, to any member(s) of the public, newspaper, magazine, radio station, television station, website, and/or electronic media of any kind."

    This way, you are protected in the event you are ever subpoenaed to testify and more importantly, you will avoid any reporting dilemma with the IRS.

    See question 
  • Is it right of a company to fire you on the spot with no verbal warning or written warning?

    I came into work at 12 yesterday and at 4 my boss told me to go home because I was no longer allowed to work there. He told me that there was some issues presented to him such as customers disatisfied with my service but I was never warned verball...

    Michael’s Answer

    Although on the surface, you don't appear to have any type of claim regarding the timing of your departure, if this was for an unpaid internship, you may have a labor claim against this company. In short, an employment claim does not emerge from the facts you've prevented, but there is always the remote possibility of a successful labor claim for an unpaid internship.

    See question 
  • Can I sue my previous employer for mental harrassment and sexual harrassment if it has been 4 years since I worked there?

    I was harrassed mentally and sexually by numerous bosses. One supervisor admitted to my boss at the time, Melissa, that he was mean to me.Melissa was also very abusive. She made fun of me and told me that everyone thought that I was incompetent....

    Michael’s Answer

    Unfortunately, your claim appears to be time barred. Generally speaking, employees have 180 days to file a complaint or charge with the EEOC for sexual harrassment violations. Even though some recent case law arguably extends this period to as much as 300 days, there appears to be no statute or case law which allows the filing of a sexual harrassment claim four (4) years after the fact. Sorry.

    See question