Walking Papers

As the founder and leader of an employment law firm, Attorney Josh Van Kampen approaches litigation as a life-or-death situation — and losing isn’t an option. There are three phases to the litigation process: the lawsuit, the discovery phase, and the trial.  In the first of this three-part series on litigation, employment lawyer Josh covers everything you need to know about filing your lawsuit, starting with the most important part: the unconventional (yet highly effective) way he approaches writing the complaint's introduction.  "We write our introductions like an opening statement to a jury. So we figure out what our theme is early and we hit that theme, literally in the first paragraph of the complaint, and we'll hit that theme all the way through to the jury trial, if we get there," Josh says.  Once the introduction has been written, it's time to file your lawsuit. Here, you have a choice between filing in a federal or a state courthouse, both of which have their pros and cons.  Josh c

Labor and employment attorney Michael Morrison wants you to know there’s a difference between being racist and being implicitly biased. “Racism is the belief that race is the primary determinant of human traits and capacities, and that racial differences produce an inherent superiority of a particular race,” he says in this episode of The Walking Papers podcast. “Bias, on the other hand, is … the subjective preference toward a particular viewpoint or belief that prevents a person from maintaining objectivity.”  In this episode, the Van Kampen Law attorney expands on discrimination, sharing his opinion that the lines between discrimination and implicit bias blur when an individual becomes aware of yet indifferent to the negative outcomes of their bias. Michael also breaks down why biases occur naturally (spoiler: all of us make most decisions subconsciously); how they play out in the workplace and in the legal system; and how to overcome them.  “Implicit biases can skew talent and performance reviews

Labor and employment law attorney Michael Morrison is not a medical professional. But he does understand the importance of knowing your rights when it comes to a COVID-19 vaccine mandate in your workplace — especially now that such mandates are legal under specific conditions.  “Mandatory medical testing in the workplace is governed by the ADA, the Americans with Disabilities Act, which is intended to protect applicants and employees from disability discrimination,” he says in this episode of The Walking Papers podcast. “An employer must have a reasonable belief based on objective evidence — which can come from a fellow employee or another trusted source of an employee's ability to perform essential job functions — that they will be impaired by a medical condition, or an employee will pose a direct threat due to a medical condition.” In this episode, Michael discusses what counts as a direct threat, or “a significant risk of substantial harm to the health or safety of the individual or others that c

Josh Van Kampen, founder of the boutique employment law firm Van Kampen Law, PC, isn’t afraid to sound superficial. It’s just part of his business. “It's important for your lawyer to have a nice office, because you're likely to be conducting mediations and depositions in that office, and if the office exudes accomplishment, and if their firm is successful, then you're breaking the mold,” he says in this episode of The Walking Papers podcast.  “So, when their general counsel walks in the door, and they walk into a nice office, and they're saying, ‘This firm is different,’ it actually is important.”  In this episode, he discusses the first steps anyone should take when seeking an employment lawyer, and why shopping around for the right fit is similar to picking the right car: you shouldn’t just go for the first, cheapest model you find. You need to do some background research and make sure you know their experience and their accomplishments — understand what their rate says about them. He also says it

After visiting the EEOC website and reading its mission statement, you might feel heartened and even empowered when filing a charge of discrimination with this federal agency. Its stated mission is “to prevent and remedy unlawful employment discrimination and to advance equal opportunity for all in the workplace.” You’re the victim of discrimination and this agency is there to help right? For most people who file charges, the experience at the EEOC is often extremely frustrating and disappointing. On this episode of the Walking Papers podcast, Attorney Josh Van Kampen gives listeners a glimpse under the hood of the lifecycle of an EEOC charge. With twenty years experience representing both employers and employees before the EEOC, Josh shares his unvarnished take on what listeners should expect in reality when they file an EEOC charge. He takes listeners through the nuts and bolts of this administrative process, including how and when to file an EEOC charge, how the EEOC “investigates”, what you can do to

This may sound familiar to some of you: you’re diligently preparing for a routine evaluation with your boss. You step into their office and an HR rep is there too. What’s going on? Before you have time to digest what’s happening, your boss is telling you that you’re being terminated. What just happened? You never saw this coming. You’re confused. And, you’re angry. Now, security is escorting you out of the building like a criminal. What are your rights? What should you do next? On this episode of Walking Papers podcast, Attorney Josh Van Kampen takes us inside the mind of your company and tells you not only what to expect during a termination meeting, but how to be prepared, how to conduct yourself, what to do, and what not to do, after a termination meeting. Attorney Josh Van Kampen tells us that he used to represent companies so, from his experience in the field; he explains why companies choreograph these termination meetings down to the last detail Todays talk aims to give you an insight on the best

The economic relief efforts surrounding COIVID-19 have left many terminated and furloughed employees feeling anxious and confused. We’re here to help. After listening to this episode you’ll know the ins and outs of Unemployment Benefits in North Carolina during the COVID-19 pandemic. In this episode of The Walking Papers, Van Kampen Law attorney Lana Tigri (https://www.ncemploymentattorneys.com/lana-tigri/) discusses eligibility requirements for unemployment benefits, what can disqualify an applicant, how the appeal process works, and frequently asked questions regarding COVID-19 and unemployment benefits. When it comes to eligibility requirements for Unemployment Benefits the employee must be unemployed due to no fault of their own, and they must have earned sufficient wages to establish a claim. (02:54) The passing of the CARES Act in North Carolina has modified certain statutory requirements, for example: excluding the provision that required a recipient to be actively seeking work if they were unemployed

So, you’ve received the unfortunate news that you have COVID-19. Maybe you’re one of the essential workers or you contracted it from someone else. No matter how you got the virus, your health and personal finances are going to be affected – the latter, more so, at a time where cities are enforcing stay-at-home policies. Are there any laws (https://www.ncemploymentattorneys.com/podcast/employment-rights-job-protections-coronavirus-covid-19-pandemic/) that can help support you financially during this time? In this episode of Walking Papers, attorney Josh Van Kampen of Van Kampen Law explains quid pro quos on employee benefits and which can be used in relation to the Coronavirus pandemic (https://www.ncemploymentattorneys.com/blog/covid-19-workers-compensation/) . One of these is the workers’ compensation benefit, which provides coverage when employees are injured or contract a disease. 04:01 He discusses what you can expect to receive from your workers’ comp, the process involved to make a claim and protec

The world has been changing and shifting over the past few weeks due to the Coronavirus pandemic (https://www.ncemploymentattorneys.com/podcast/employment-rights-job-protections-coronavirus-covid-19-pandemic/) . With so many lives affected by the COVID-19 virus, Congress has recently passed the Families First Coronavirus Response Act (FFCRA). This law aims to address some concerns that many citizens are concerned about, particularly in terms of their employment. In this episode of Walking Papers, attorney Josh Van Kampen of Van Kampen Law dives deep into the FFCRA to give an understanding of what rights are protected and gaps that need to addressed in the context of employment. 03:12 He shows the positive and negative aspects of this law, as well as the loopholes that are to be expected in legislation that’s passed quickly. He talks about the various provisions included in FFCRA, including the Emergency Paid Leave and the Emergency Family and Medical Leave Expansion Act 04:26, and how a person either dia

Getting fired from your job is one of the biggest fears that any employee has at the back of their minds. When your personal stability is shattered because a major source of income is taken away, it becomes a stressful and at times, a traumatic experience. But what if you were terminated unjustly or the grounds for removing employment are unfounded? Can you sue your employer for damages caused by your termination?  In this episode of Walking Papers, attorney Josh Van Kampen of Van Kampen Law discusses wrongful termination damages and what lawyers typically deal with in cases like this. There are different types of damages that you can seek to recover, and Attorney Van Kampen refers to these as buckets. 02:51 There’s the back pay and back fringe benefits 03:56, the discretionary front pay and fringe benefits 08:11, reputational damages 09:40 and consequential damages 10:57. He also talks about other buckets that my have damage caps on them, like emotional distress 12:47 and liquidated punitive damages

Getting laid off is probably one of the toughest things to happen to you in your career. Whether your employment ended because of company closure or because of redundancy issues, there can be something good that can come out it – severance packages. Although the idea of a severance seems dark and gloomy, it can still work out to be the best solution not just for your employer, but for you, the affected employee as well. In this episode of Walking Papers, attorney Josh Van Kampen of Van Kampen Law dives deep into severance packages. He discusses the usual inclusions and the different laws that cover it, such as the Employment Retirement Income Security Act (ERISA). 02:19 Attorney Van Kampen also goes into detail about the different problems that you can encounter in a severance offer, including the cut-off period 08:08 and the non-disparagement agreement 09:28. He also gives information on what certain provisions can be beneficial to you as the employee and what you can negotiate to get a better deal. 12:0

The world is facing a global crisis as the World Health Organization has declared the Coronavirus disease a pandemic. Besides it affecting the health sector, it has great impacts on the economic industry, with countries in enforcing lockdown measures, and businesses suffering greatly because of these. There is also rampant speculation and misinformation going around, particularly in workplaces that have caused confusion among employees and employers alike. In this episode of Walking Papers, attorney Josh Van Kampen of Van Kampen Law discusses the various laws and regulations that are currently in place that can guide workers and businesses during this time. While there is no specific statute that addresses the Coronavirus, employees can refer to current laws in place. One of which is the Occupational Safety Health Administration Act 02:49 which allows you to refuse to report to work if there is risk of imminent death or serious injury. Another is the Family Medical Leave Act, affording you protection an

On this episode, attorney Josh Van Kampen sits down with attorney Bartina Edwards of the Law Office of Bartina Edwards to explore how and when an employee should make a report to human resources. First, we hear Attorney Edwards discussing bias in the workplace and what a person should and should not do if they notice bias. (2:30) She then talks about using the power of three to navigate issues at work. (8:40) Often, situations arise that may best addressed through the use of an attorney before involving human resources. Attorney Edwards addresses why why it is important to talk with an attorney that can give you a strategy before a problem arises. (11:48) Josh and Attorney Edwards spend a few minutes discussing common mistakes employees make when dealing with coworkers, supervisors, and human resources. (14:30) Josh then identifies why it is important to be explicit when talking about discrimination (not fairness!) once it becomes clear your employer is beginning to take formal steps against you. (18:50) The

Mediation is an opportunity to resolve your employment dispute without throwing your case on the mercy of the court. In fact, courts in North Carolina require mediation for most labor and employment cases.In this episode, attorney Josh Van Kampen and attorney Steve Dunn discuss the benefits of mediation versus litigation and outline how to best equip yourself for success in your mediation.Prior to opening his mediation practice, Steve practiced as an attorney for twenty-one years, handling complex business and employment cases for companies and local governments. As a mediator, Steve draws upon his experience and insight to help clients accomplish their goals through settlement.Steve kicks the episode off by detailing what mediation is and what the process looks like in employment cases. (2:31) Steve then explains why he believes mediation is the most effective way to settle disputes and dispels some fears parties may have about mediation. (6:57)Josh spends a few minutes detailing what the medi

The Walking Papers is a podcast by Van Kampen Law that aims to give listeners, who may be on the wrong side of a situation at work, practical advice on how to turn the tables on their employers. On this episode entitled “You Want Me on That Wall, You Need Me on That Wall: Proving Your Discrimination Case Without Colonel Jessup Admitting He Ordered the Code Red," attorney Josh Van Kampen details how you can prove a discrimination case without a big, smoking gun-style admission from your employer.Josh kicks off the episode discussing the difficulty involved in proving intent and what is going through the employer’s mind when an employee is being terminated. (2:12) Josh goes on to discuss the different types of evidence that can be presented in employment cases. (5:51)In employment cases, the burden shifts from employees to employers as the case progresses. Josh describes this burden-shifting and what must be proven in each phase of the case. (7:50) Because employers are known to terminate employe

The Walking Papers is a bi-weekly podcast by Van Kampen Law that aims to give listeners, who are on the wrong side of some situation at work, practical advice on how to turn the tables on their employers. In this episode entitled “Take this Job and Shove it; How Resigning Will Make Your Discriminatory Employer do a Celebratory Back Flip”, attorney Josh Van Kampen walks you through the pros and cons of resigning at work when you have are on the wrong side of some sort of situation and how that decision will affect your chances in court. Josh explains the biggest con to resigning is that by resigning a person has added another hurdle that must be cleared to win a discrimination lawsuit against their employer. In a typical discrimination case, a person must prove they were fired with discriminatory intent, and that’s already pretty difficult. If a person resigns, now they must convince the court that it should treat their resignation as if you'd been terminated. To convince the court it should treat a resignatio

The Walking Papers is a bi-weekly podcast by Van Kampen Law that aims to give listeners, who are on the wrong side of some situation at work, practical advice on how to turn the tables on their employers. In this episode entitled “Responding to Bullshit Evaluations and Write-Ups,” attorney Josh Van Kampen describes two typical scenarios when long-time employees often see employers using bullshit evaluations to terminate long-term employees for cause. Josh explains what a person should be doing if they receive a bullshit evaluation and why making sure previous evaluations are as positive as possible is often very important in deciding a case.sp Josh also talks about the ways an employee can dispute evaluations at several steps in a typical company and some tips on how employees can build evidence to combat a bullshit evaluation by seeking additional feedback from the manager and old managers or other business partners in the company that can help strengthen their case. In the weeks to come, Josh Van Kampen wil

The Walking Papers is a bi-weekly podcast by Van Kampen Law that aims to give listeners, who are on the wrong side of some situation at work, practical advice on how to turn the tables on their employers.  Van Kampen Law one of a small handful of firms in North Carolina that exclusively practice plaintiff-side employment law. Based out of Charlotte, NC, Van Kampen Law combats discrimination provides representation to victims of employment discrimination and sexual harassment from the factory floor to the board room. In this introduction episode entitled “Tales from the Crypt,” founding partner, Josh Van Kampen tell us of his journey from representing large corporations in the cut-throat legal market in Chicago, IL to exclusively representing plaintiffs in employment cases in North Carolina.  Josh explains common mistakes he sees workers making before they come to his office and what are some steps they could take when they began to become concerned about a situation at work. Chiefly, Josh explains why it is s