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 compares taking a pro se approach (sans attorney) and the times when you really want an attorney's expert opinion and know-how. That might be for instances like knowing how jury pools are pulled and which state judges might favor corporations over sympathizing with the individual's case. 

After the lawsuit has been filed with the appropriate court and the summons have been served, it's time for the employer to send their response. 

While lawsuit filing isn't the most exciting part of the process to Josh — he prefers the discovery phase — this phase can make or break your lawsuit. 

As a highly experienced employment lawyer, Josh's step-by-step process to filing your lawsuit ensures you won't miss anything and the process runs smoothly.

Name: Josh Van Kampen 

What he does: As the founder and leader of employment law firm Van Kampen Law, Josh Van Kampen settles employment disputes with fearlessness and unparalleled client advocacy. 

Company: Van Kampen Law, PC 

Words of wisdom: "We really approach litigation as a life-or-death sort of situation for our clients — losing is not an option."               

Where to find Josh: LinkedIn | Twitter

Lessons learned on this episode

★    Write your complaint introduction like an opening statement to a jury — Josh says that writing a good introduction is the most important thing you can do, as it sets the theme for the lawsuit and ensures anyone reading it is fully informed of the situation by page two. It's a bit of an unconventional method approach to writing complaints — which are usually written as dense legal prose rather than an engaging narrative — but it really helps frame the entire lawsuit. 

★    Your lawsuit is likely better off in a state courthouse than a federal one — This all depends on the state you live in but according to Josh, "most lawyers, probably even nine out of 10, tell you that you're better off in the state courthouse than you are in a federal courthouse." Why? It mainly has to do with judges, as some may be more...

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, in addition to amplifying or mitigating workplace disciplinary measures,” he says. “When one has an unconscious belief, which has been molded years and years over by their lived experiences … it can have an impact on all decision making.”

Michael also elaborates on the concept of cultural humility — aka acknowledging that we all have biases and committing to reducing our reliance on them — and why it’s the first step to combating the activation of these biases. 

Name: Michael Morrison

What he does: As a labor and employment law attorney at Van Kampen Law, Michael Morrison advises his clients on legal proceedings related to workplace issues. 

Company: Van Kampen Law, PC 

Words of wisdom: “Our brains automatically do this thing where it matches a typical categorical prototype to assess its fit. So these mental shortcuts, they're based on social norms and stereotypes that we're all subject to. And they're shaped through our backgrounds, our cultural environment, and our personal experiences.”              

Where to find Michael: LinkedIn

Lessons learned on this episode

★    Implicit bias isn’t inherently discrimination, but it can influence behavior in ways that lead to it — Experts agree that most of our decisions are made subconsciously based on social norms, and further shaped by our personal experiences. This becomes an issue in the workplace when you make a decision in favor of one group to the detriment of others, Michael says, which is why implicit bias evidence is regularly used in employment discrimination claims (commonly in the form of expert testimony, general and specific). 

★    Everyone harbors implicit biases of some kind, but that doesn’t mean you can ignore their effects — Implicit biases make you human, Michael says, but it’s important to control whether we act on them or not. Your brain’s natural tendency toward implicit bias can be overridden through conscious and deliberate effort, so if you put in the work to be unprejudiced, you can suppress bias responses and become more objective in the workplace. 

★    Don't underestimate the power of discomfort — It’s one thing to simply accept your prejudices and train...

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 cannot be eliminated or reduced by reasonable accommodation.” He unpacks this further by delving into what constitutes a reasonable accommodation and why the CDC decided the COVID-19 pandemic meets the direct threat standard.

Lastly, Michael shares what to expect if you implement a COVID-19 vaccination requirement in your workplace. An employee may indicate they’re unable to receive the vaccine because of a disability or a sincerely held religious belief, practice or observance (which is the main legal objection to the mandate); Michael explains how to respond in this situation.

Name: Michael Morrison

What he does: As a labor and employment law attorney at Van Kampen Law, Michael Morrison advises his clients on legal proceedings related to workplace issues.

Company: Van Kampen Law, PC

 Words of wisdom: “Though mandatory testing is allowed, employers still have to be smart and equitable, they still have to check the boxes … and they need to remember that they can still be liable.”

Where to find Michael: LinkedIn

Lessons learned on this episode

★    Know your rights when it comes to vaccine mandates in the workplace — Employers have the right to require their team to get the COVID-19 vaccine, but employees also have the right to refuse to get it if they have an ADA-covered disability or sincerely held religious belief, practice or observance.

★    Move forward with caution if you’re an employer mandating it — Just like mask mandates, pushback is inevitable with a vaccine mandate, so be prepared for requests for accommodations. To make sure you’re remaining lawful, ensure pre-screening questions are job-related and necessary for the business.

★    You might have to identify other workplace accommodation options that do not constitute an undue hardship — If an employee says they’re unable to receive the vaccine due to a disability, their employer must show that an unvaccinated employee would pose a direct threat, due to a significant risk of substantial harm to the health or safety of the individual or others that cannot be eliminated or reduced by reasonable accommodation.

 [1:29] Constantly evolving: Michael...

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’s okay to be picky based on otherwise superficial elements such as a firm’s website or office, because how they present themselves is often a reflection of their level of professionalism and level of care.

Lessons learned on this episode

★    Doing your research is always key — Both the lawyer and the client need to go into a consultation prepared. If the lawyer seems uninterested and doesn’t bring any background to the table, that’s just as bad as you as the client coming in and not having enough information for a proper case.

★    Sometimes judging a book by its cover is OK — When you’re shopping around for a lawyer, it’s smart to pass on the firm with an outdated website with few resources, just like it’s OK to pass on the firm based in a dingy strip mall that’s equally seedy on the inside. Lawyers who have put time into making their website a modern resource and effort into making their office a relaxing environment are more likely to be successful lawyers. 

★    You get what you pay for — It’s a cliche, but when it comes to finding a good lawyer, Josh says it’s absolutely true: There’s no such thing as a free consultation if it’s a busy, successful firm — so think twice before meeting with someone who isn’t asking you to pay for their time.

[2:42] Shop around: Josh discusses the importance of being picky when it comes to choosing your employment lawyer. He also outlines what he does and how his boutique firm uses its resources to help low-income clients by doing things such as fronting costs.

[8:03] First steps: Josh explains why the first thing you should do is connect with friends and family members who either are lawyers or know lawyers. Then, he explains why it’s fair to judge a firm by its website. 

[12:43] Breaking the mold: Josh discusses his favorite phrase a little further and explains how it relates to a lawyer’s office and the importance of a relaxed environment that exudes accomplishment.

[16:01] Did they do their homework?: Josh explains why, whenever you’re walking into a consultation with a lawyer, it’s important that they’ve done their research on your case.

[20:41] Know your story: Josh discusses why you as a client need to be prepared for that first meeting as well because “doing your homework” goes both ways.

The Walking Papers is a bi-weekly podcast by Van Kampen Law, a plaintiff-side employment law firm based out of...

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 improve your chances at the EEOC, and what happens when the EEOC concludes its investigation. Bottom line, the EEOC investigator will not do much to help you or investigate, which is why being represented by counsel is so important as you navigate through this flawed process.

·     Why file with the EEOC? (3:03)

·     Timeline for filing a claim with the EEOC (3:46)

·     Does filing an internal complaint with my employer affect the timeline for filing a claim with the EEOC? (6:03)

·     How to file a claim for employment discrimination with the EEOC (7:16)

·     What claims should be in your discrimination complaint? (10:56)

·     What happens after you file your discrimination claim (12:00)

·     The EEOC investigation (14:06)

·     The conclusion of the investigation (18:06)

·     The EEOC didn’t find cause, do I still have options? (19:12)

·     What happens in the rare case that the EEOC makes a “cause finding”? (20:28)

Our website: www.ncemploymentattorneys.com

Follow us on Facebook, Twitter, Google +, LinkedIn, and YouTube

For more information on how Van Kampen Law can help you, call 704-247-3245 or contact us online by filling out our confidential online intake form.

The Walking Papers is a bi-weekly podcast by Van Kampen Law, a plaintiff-side employment law firm based out of Charlotte, NC, this podcast aims to give listeners, who are on the wrong side of some sort of situation at work, practical advice on how to turn the tables on their employers. This podcast is just an educational resource. It does not constitute legal advice and is no substitute for consulting an employment attorney about your unique situation before making legal decisions. Visit our website for more...

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 ways to approach meetings like these.

• What to expect during a termination meeting (3:00)
•  Additional dark motives employers bring to termination meetings (3:52)
•  How to turn the tables on your employer in a termination meeting by deploying Attorney Van Kampen’s R.A.W. strategy (5:58)
•  Do I really have to submit to the security escort “walk of shame?” (10:52)
• To record or not to record your termination meeting? (14:40)
• How you can leverage your co-workers’ contemporaneous reactions to the termination for your lawsuit (16:19)

Our website: www.ncemploymentattorneys.com

Follow us on Facebook, Twitter, Google +, LinkedIn, and YouTube

For more information on how Van Kampen Law can help you, call 704-247-3245 or contact us online by filling out our confidential online intake form.

The Walking Papers is a bi-weekly podcast by Van Kampen Law, a plaintiff-side employment law firm based out of Charlotte, NC, this podcast aims to give listeners, who are on the wrong side of some sort of situation at work, practical advice on how to turn the tables on their employers. This podcast is just an educational resource. It does not constitute legal advice and is no substitute for consulting an employment attorney about your unique situation before making legal decisions. Visit our website for more online resources and videos at NCemploymentattorneys.com, or better yet, call (704) 247-3245 for a free initial intake interview so Van Kampen Law can evaluate your case.

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 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 due to COVID-19. Also, the benefit amount you’re eligible to receive has expanded from previously established limits. (03:32) If you’re either an independent contractor or are self-employed, you are also eligible to receive what’s called Pandemic Unemployment Assistance.

We’ve discussed eligibility, but what conditions could make you ineligible? Lana stresses: “if you've only been working at your job for a short period of time and as a result, you're not able to establish…sufficient earnings, then you're not going to be eligible for benefits. Another thing that happens a lot of times is individuals are laid off for what their employers deem misconduct or poor performance.” (06:11)

Employers have a financial incentive to avoid paying Unemployment Benefits claims, therefore it’s common for an employer to claim an employee was terminated for “poor performance” when in fact, the employee has no negative performance record or disciplinary history. In such cases, Tigri tells us an individual has the option to appeal a decision denying benefits. However, it’s important that this process be completed correctly, so Lana recommends speaking with an unemployment attorney prior to submitting your appeal.

“You really need to be clear and concise when you're stating a reason that you think you're entitled. It's going to need to be for legal reasons, such as, "I had no negative performance evaluations despite my employer claiming that I was fired for performance. I was terminated only days after I reported concerns about the lack of safety equipment that's being provided at my job…You need to put forth some evidence to show that you weren't, in fact, terminated because of poor performance or misconduct or something that's going to disqualify you for receiving those benefits.” (9:25)

Other common questions clients have include, “what if I refuse to go back to work because of COVID-19 and health-related concerns?” Unfortunately, the answer is maybe; the Division of Employment Security will consider factors including age and health conditions. “Must I pay taxes on Unemployment Benefits?” Yes, benefits are treated as wages, so they will be taxed accordingly.

Do you have questions regarding Unemployment Benefitso? Contact the attorneys at Van Kampen Law at 704-247-3245 or contact us online by filling out our confidential online intake form.

The Walking Papers is a bi-weekly podcast by Van Kampen Law, a plaintiff-side employment law firm based out of Charlotte, NC, This podcast aims to give listeners, who are on the wrong side of some sort of situation at work, practical advice on how to turn the tables on their employers. This podcast is just...

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 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. 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 protections afforded to you. 06:40

Additionally, he talks about other options that can help you recover lost wages such as short-term and long-term disability policies. 16:21As employees, you are entitled to obtain copies of your Summary Plan Descriptions, so you know what you can expect if you file a disability claim. 19:02

Atty. Van Kampen encourages citizens to contact their local government officials and senators and ask that the workers’ compensation law be amended to apply to essential workers, like those working on the medical front lines.

Contact your North Carolina legislators here: www.ncleg.gov/FindYourLegislators

Connect with us:

Our website: www.ncemploymentattorneys.com

Follow us on Facebook, Twitter, Google +, LinkedIn, and YouTube.

For more information on how Van Kampen Law can help you, call 704-247-3245 or contact the us online by filling out our confidential online intake form.

The Walking Papers is a bi-weekly podcast by Van Kampen Law, a plaintiff-side employment law firm based out of Charlotte, NC, This podcast aims to give listeners, who are on the wrong side of some sort of situation at work, practical advice on how to turn the tables on their employers. This podcast is just an educational resource. It does not constitute legal advice and is no substitute for consulting an employment attorney about your unique situation before making legal decisions. Visit our website for more online resources and videos at NCemploymentattorneys.com, or better yet, call (704) 247-3245 for a free initial intake interview so Van Kampen Law can evaluate your case.