Can I file an EEOC complaint if I believe I have experienced workplace discrimination based on my gender?

You would be wise to request that an attorney review the proposed employment agreement before you sign. In addition to ensuring that you would have voting rights, there are numerous other terms that should be carefully reviewed, such as non-compete language if and when you leave employment; TRAP language (usually requiring an employee to reimburse the employer if the employee receives training during his or her employment); terms and conditions of employment (such as schedule, work type, and duties); vacation hours; how disputes will be resolved; and, sometimes, future severance.

In Washington, there are no punitive damages. Employment resolutions are usually based on some percentage or multiple of a person's salary. It is your job to reach a settlement that is fair and reasonable for you, not for a litigant against you (that's their job, not yours). If you are having difficulty resolving this dispute, you may want to consider mediation. Before you pay the employee, be sure to have them sign a full and complete release of all current and future liability and claims against you individually, your business, your heirs; etc. Also, if you have business insurance, it's possible you are entitled to a free attorney to represent you in this dispute.

Speaking generally, an arbitration agreement in an employment contract often won't be upheld unless it clearly and specifically addresses your rights under both the Washington State Law Against Discrimination and your various employment law protections under federal law. Please be aware that in Washington, you can file a complaint with the Washington State Human Rights Commission, and ask the agency to automatically file on your behalf with the Equal Employment Opportunity Commission (I worked for the HRC three times, and was also a Tacoma Human Rights Commissioner, and have a long history in this field). I would be happy to help you with a phone consultation and perhaps help you write up a complaint (the agencies will want to write their own, but you should come in with a time line and complaint draft pre-written so you don't forget anything; you should also bring in a list of witnesses and list of people treated differently from you, if applicable). Please keep in mind that both agencies have long waiting lists and both are neutral - neither represents you. To file in state court, you can skip the HRC; to file in federal court, it's a mandatory prerequisite to first file with the EEOC and obtain a "right to sue" letter. Another option for you is to schedule a consultation with an employment attorney through NELA.org - there are NELA attorneys in every state.

My answer depends on many factors. First, if you are an "at will" employee (no employment contract), the employer can fire you for zero reason and with zero notice, and you have no rights unless you can prove that the employer is violating state or federal law (such as firing you for illegal discriminatory reasons, for submitting a safety complaint, or something similar). If you do have an employment contract, or possibly if you are 40 or older, you have the right to be given 21 days to review a severance proposal. I suggest that you submit a proposal here on Contracts Counsel, with a short turnaround, and ask an employment attorney to review the proposal and your employment situation with you. I generally engage in this sort of review myself, but, unfortunately, am not available until the end of January. Another option is to find an attorney through this national employee's attorney organization: NELA.org In either case, prepare yourself to pay $300 - $500 for a thorough review and discussion. Good luck to you.

I am sorry to hear about the financial difficulties. If the employees are "at will" (that is, no employment contract) you can terminate or lay them off with zero advance notice and zero reason given and no requirement for severance. The exceptions would be if you were violating the law (for example, if you only terminated people of color). If you have 100 or more employees and are terminating 50 or more, you would need to provide advance notice. If any employee has an employment contract, you will need to read the contract carefully and follow any termination requirements, such as a particular length of notice or a severance package - again, only if you have promised to do so in an employment (or other) contract. I would be available to help you through a Contracts Counsel project, but unfortunately the soonest I'd be available is January 24th, because of other commitments.