Walking Papers – Détails, épisodes et analyse

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...

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. 12:05

It’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 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 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. 09:51

While 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.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.

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.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 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.

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.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 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 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.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 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.

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...

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.

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.

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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...