Walking Papers

Josh Van Kampen

What do you do when your boss, human resources, employee relations, and the legal department have aligned against you? How do you turn the tables at work? When you’ve been targeted at work you need the Walking Papers. Drawing on a wealth of experience, much learned from his time on the dark side (representing employers), North Carolina attorney Josh Van Kampen, of Van Kampen Law is here to provide practical advice for people who are on the wrong side of a situation at work. We will discuss the pitfalls to avoid and countermeasures to deploy that may save your job or put you in the best position to negotiate a favorable settlement. Van Kampen Law is only one of a small handful of employment lawyers in North Carolina that exclusively practice plaintiff-side employment law. Based out of Charlotte, NC, Van Kampen Law combats discrimination, providing representation to victims of employment discrimination and sexual harassment from the factory floor to the board room. To find out more or schedule a consultation, visit www.ncemploymentattorneys.com or better yet, call 704 247-3245 for a free initial intake interview with our experienced NC employment law attorneys. Until we have a chance to speak, keep your head up and wits about you. read less
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Episodes

“This Is My Rifle. There Are Many Like It, but This One Is Mine” — Litigation Basic Training, Part I: The Lawsuit
Feb 3 2021
“This Is My Rifle. There Are Many Like It, but This One Is Mine” — Litigation Basic Training, Part I: The Lawsuit
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.👉 Featured Attorney 👈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 💡 Key Ideas 💡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...
How To Combat Implicit Bias in the Workplace
Feb 1 2021
How To Combat Implicit Bias in the Workplace
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. 👉 Featured Guest 👈Name: Michael MorrisonWhat 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 💡 Key Ideas 💡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...
A Complete Guide To Your Rights Regarding COVID-19 Vaccine Mandates in the Workplace
Jan 29 2021
A Complete Guide To Your Rights Regarding COVID-19 Vaccine Mandates in the Workplace
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. 👉 Featured Guest 👈Name: Michael MorrisonWhat 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 💡 Key Ideas 💡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.⚡ Episode Highlights ⚡ [1:29] Constantly evolving: Michael...
How to Find the Right Employment Lawyer and Why It’s Like Buying a Car
Jan 26 2021
How to Find the Right Employment Lawyer and Why It’s Like Buying a Car
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.💡 Key Ideas 💡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.⚡ Episode Highlights ⚡[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.📨 Get in Touch 📨The Walking Papers is a bi-weekly podcast by Van Kampen Law, a plaintiff-side employment law firm based out of...
The EEOC – Would You Like a Pedicure to Go Along With That Facial? Why Employers Receive the Spa Treatment, and You Are Steve Carell in 40-Year-Old Virgin
Dec 4 2020
The EEOC – Would You Like a Pedicure to Go Along With That Facial? Why Employers Receive the Spa Treatment, and You Are Steve Carell in 40-Year-Old Virgin
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.  Highlights From the episode:·     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)Connect with us:Our website: www.ncemploymentattorneys.comFollow us on Facebook, Twitter, Google +, LinkedIn, and YouTubeFor 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...
Step Into My Office, You're Fired
Dec 2 2020
Step Into My Office, You're Fired
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.Highlights From the Episode: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)Connect with us:Our website: www.ncemploymentattorneys.comFollow us on Facebook, Twitter, Google +, LinkedIn, and YouTubeFor 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.
Am I Eligible For Unemployment Benefits During COVID-19?
Aug 10 2020
Am I Eligible For Unemployment Benefits During COVID-19?
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...
Quid Pro Quo Clarice - Will Workers Compensation Insurance Carriers or Short Term/Long Term Disability Insurers Have Your Back if You Contract COVID-19?
Apr 6 2020
Quid Pro Quo Clarice - Will Workers Compensation Insurance Carriers or Short Term/Long Term Disability Insurers Have Your Back if You Contract COVID-19?
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. 06:40Additionally, 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. 19:02Atty. 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/FindYourLegislatorsConnect with us:Our website: www.ncemploymentattorneys.comFollow 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.
Families First Coronavirus Response Act – The Good, The Bad and The Ugly
Apr 4 2020
Families First Coronavirus Response Act – The Good, The Bad and The Ugly
The world has been changing and shifting over the past few weeks due to the Coronavirus 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 diagnosed with COVID-19, showing symptoms or caring for someone who is afflicted with it can take advantage of paid leave and other benefits. 05:32Attorney Van Kampen also reveals a number of caps and restrictions that affect certain population groups 09:32 and what other laws you can refer to. 13:16 He takes note, however, that the existing laws prior to the FFCRA are written without the context of the Coronavirus. You should also watch out for any developments or revisions to the new law, which will be dependent on what happens as the country deals with this pandemic. Contact your North Carolina legislators here: www.ncleg.gov/FindYourLegislatorsConnect with us:Our website: www.ncemploymentattorneys.comFollow 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.
The Price is Right – What Can You Recover If You Win Your Wrongful Termination Case?
Mar 27 2020
The Price is Right – What Can You Recover If You Win Your Wrongful Termination Case?
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. 02:51There’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 19:23. Additionally, you can also have your previous employer pay for any attorney’s fees that you will incur during the entire proceeding. 22:09It’s important that the legal time you hire not only figure out the actual worth your wrongful termination case is, but to watch out for any pitfalls the company may lead you into, especially during questioning. 16:36Connect with us:Our website: www.ncemploymentattorneys.com.Follow us on Facebook, Twitter, Google +, LinkedIn, and YouTubeFor 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.
These are Not the Droids (I Mean Severance Packages) You’re Looking For, Jedi Mind Tricks for Enhancing Severance Offers
Mar 20 2020
These are Not the Droids (I Mean Severance Packages) You’re Looking For, Jedi Mind Tricks for Enhancing Severance Offers
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). 02:19Attorney 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. 12:05It’s important that once you are handed a severance notice, that you contact an employment lawyer 20:09 so they can go over the offer being given to you. You should also seek the services of someone who’s going to gather all data that’s needed, including cooperating with the company attorney too. 21:15 This is to ensure that you’re getting the most value out of an unfortunate situation. Connect with us:Our website: www.ncemploymentattorneys.com.Follow us on Facebook, Twitter, Google +, LinkedIn, and YouTubeFor 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.
Your Employment Rights During the Apocalypse – Your Job Protections During the Coronavirus (COVID-19) Pandemic
Mar 13 2020
Your Employment Rights During the Apocalypse – Your Job Protections During the Coronavirus (COVID-19) Pandemic
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 and compensation when you decide to not report for work. 09:51While there’s still a lot of gray area in terms of the law, it would be best to pay close attention to government announcements and interventions that would ultimately guide you to the best course with regards employment. Connect with us:Our website: www.ncemploymentattorneys.comFollow 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.
You Have Been Human Resourced - With Attorney Bartina Edwards
Oct 21 2019
You Have Been Human Resourced - With Attorney Bartina Edwards
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 podcast concludes with a discussion about different protected groups and why it is essential to act quickly when you are discriminated against at work. (22:50)To learn more about Attorney Bartina Edwards, visit her website at www.blelaw.com or email her at bedwards@blelaw.com. You can learn more about her workplace consulting company, CP3 Paradigm, by visiting the website cp3paradigm.com.Connect with us:Our website: www.ncemploymentattorneys.comFollow us on Facebook, Twitter, LinkedIn, and YouTubeFor 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.
Peeling Back the Mystery of Employment Mediation with Attorney Steve Dunn
Sep 30 2019
Peeling Back the Mystery of Employment Mediation with Attorney Steve Dunn
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 mediation experience is like for his clients. 10:36 Steve then discusses how the confidential nature of mediation helps in the settlement process. (13:54) Josh and Steve then discuss the outline the do and don’ts for clients in mediation. (15:56)Steve explains how mediation is not always the end of the case and how things can go wrong even after mediation. (21:25) Steve then wraps up the episode by revealing the one thing he wish every person knew before walking into mediation. (26:46)To learn more about Steve's mediation practice, you can contact him at www.stevedunnmediation.com or (704) 350-5883.Connect with us:Our website: www.ncemploymentattorneys.comFollow us on Facebook, Twitter, LinkedIn, and YouTubeFor 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.
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
Sep 26 2019
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
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 employees for pretextual or false reasons, Josh discusses the steps employment attorneys take to undermine and poke holes in the employer’s story. (11:43) Josh then talks about the important information he wants to know when someone comes into his office and asks, “do I have a case.” (15:04)This episode of the Walking Papers Podcast concludes with Josh giving listeners some practical tips on what they can do, and not do, either before they get fired or immediately after being fired. (16:52)Connect with us:Our website: www.ncemploymentattorneys.comFollow us on Facebook, Twitter, Google, LinkedIn, and YouTubeFor 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 may be 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 an educational resource. It does not constitute legal advice and is not a 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.
Take This Job and Shove It
Mar 28 2019
Take This Job and Shove It
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 resignation the same as a termination, a person will need to prove the conditions at work were so intolerable that a reasonable person would have resigned. Things that help convince a court of this, outside of physical violence or sexual harassment, is if a manager has told an employee they should resign, hours or pay has been cut back significantly, or their job responsibilities have been changed or hollowed out. None of these facts alone are going to convince the court alone but are useful facts to have in your favor. Josh also talks about how employers have a huge advantage when they are allowed to reframe a termination as a resignation. In many cases, they will try to make it look like a resignation even when it isn't. Finally, Josh discusses some of the pitfalls people often fall into when thinking of resigning. One is taking an offer to leave when you may have a good discrimination case or giving a polite resignation letter, write a resignation letter that tells the truth.  Quotes Josh on how resigning affects an employment law case when there is good evidence of discrimination: “[It]doesn't mean that we can't prevail in a case, but the job just got a whole lot harder.” (01:27) Josh on how the court views resigning: “Understand that the court's expectation is that where you're being discriminated against at work, or harassed, you are expected to stay and fight.” (05:28) Josh on the biggest piece of advice he has to give folks thinking of resigning: “As a general rule, my advice to folks would be the longer that you can stick it out, the better.” (08:29) Next Episode: Josh Van Kampen provides more practical advice when we discuss how to prove a discrimination case. 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 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...
Responding to B******t Evaluations and Write Ups
Mar 27 2019
Responding to B******t Evaluations and Write Ups
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 will provide more practical advice for people who are on the wrong side of some situation at work. Quotes: Josh on what to do if you are in a meeting receiving a bullshit evaluation and what to do after that meeting: “[In the meeting] I want you to [be] saying why. … Coming out of this evaluation meeting, then I'm wanting my future client to be taking contemporaneous notes about all of the why's that they asked and all the inadequate answers that were given in response.” (5:00) Josh on why evaluations are so critical: "If you end up in a litigation situation, I think evaluations are considered basically the holy bible as far as evidence is concerned." (6:35) Josh on what employees should be doing after a bullshit evaluation from a manager they think is looking to fire to build evidence: “You should be approaching the managed out manager either in person, on a telephone call, or in an email, and just saying, "Hey, how am I doing? Is there anything that I need to improve on? Are you happy?" (11:14) Next Episode: Josh Van Kampen provides more practical advice about how to turn the tables at work. 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 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 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.
Tales From the Crypt of Lost Employment Cases
Mar 27 2019
Tales From the Crypt of Lost Employment Cases
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 so important to collect evidence while a person is still employed and why resigning is never a good idea. In the weeks to come, Josh Van Kampen will provide more practical advice for people who are on the wrong side of some situation at work. Quotes: Josh on denial, a common mistake he sees workers making: “You always want to see the best in people, the best in your manager, the best in your company, and there will inevitably come a time in your career where that is not the case and you become a number and where you become a target, and I think a lot of people are slow to pick up on that.” (04:46) Josh on the federal laws that pertain to employment situations having only a 180-day statute of limitations period: “There is no hitting the snooze button when it comes to having a successful employment case.” (06:11) Josh on opportunities employees, who suspect a problem may soon arise at work, should take: “You have an opportunity as a current employee to harvest evidence we won't get to for 18 months after you have been fired. It's important to take advantage of that opportunity.” (08:21) Josh on why the right employee have in North Carolina to review their personnel file anytime as a current employee is often critical to a case: “..it certainly happened before in my cases where personnel files have memos added after the fact or even write ups that are added after the fact, and if we just had an image of what the personnel file looked like during the employment, we could catch them in that stacking of the personnel file.” (09:47) Next Episode: Josh Van Kampen provides more practical advice about how to best respond to bullshit evaluations in the workplace. Links and Other Resources: •Tales From the Crypt (03:41) A TV series airing, often late at night, from 1989 – 1996 that showcased Tales of horror based on comic books of the 1950s Connect with us: Our website: www.ncemploymentattorneys.com Follow us on Facebook, Twitter, 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. Subscribe to The Walking Papers on iTunes, Stitcher, TuneIn, Spotify, or Google Podcasts 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...
The Walking Papers Podcast
Mar 27 2019
The Walking Papers Podcast
In Employment Litigation, losing is not an option. Human Resources, Employee Relations, the Legal Department are aligned against you . . . your employer has trained for this day, the day you’ve become an expendable number at work. This podcast is about winning. The fact is that our clients…come to us in dire straits. Often times they are arriving to us at a point when mistakes have been made, and opportunities were missed. The Walking Papers podcast offers the first foray into learning how to turn the tables when you’ve been targeted at work. The Walking Papers Podcast is designed to airdrop critical pieces of information… to people before they have the opportunity to meet with a lawyer. As an attorney, what I think I bring to the table is being an equalizer. Through our talent and our expertise… we’re able to flip that script and turn the tables in our employee’s favor. Minutes matter. Your words and actions matter even more. Winning in employment litigation means avoiding mistakes, and exploiting the mistakes that employers inevitably make. The Walking Papers Podcast. Knowledge is power. Connect with us: Our website: www.ncemploymentattorneys.com Follow us on Facebook, Twitter, 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. Subscribe to The Walking Papers on iTunes, Stitcher, TuneIn, Spotify, or Google Podcasts 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 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.