Walking Papers

“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 [https://www.ncemploymentattorneys.com/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 [https://www.ncemploymentattorneys.com/] 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 [https://www.linkedin.com/in/joshua-van-kampen-7a9a1b11/] | Twitter [https://twitter.com/vankampenlaw?lang=en] 💡 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 sympathetic to corporate interests instead of individual interests, as well as differences in how jury pools are pulled. ★If you're worried about your lawsuit being public record, don't file it — Technically, you could try to file your lawsuit anonymously as a Jane or John Doe, but Josh says if you aren't comfortable putting your name on it, you shouldn't file the lawsuit. While it could get lost in the mix of the hundreds of lawsuits filed every week, there's no guarantee that your lawsuit won't pop up in a Google search for your name. ⚡ EPISODE HIGHLIGHTS ⚡ [4:43] Don't overlook the complaint: Josh explains what you need to include in your complaint, how it serves as the outline for your entire lawsuit and the unique method he uses at his law firm to build the most effective complaint possible. [9:42] Knowing your audience: Josh explains how your audience is so much more than the judge assigned to your case, including everyone from the CEO of the company or the lead of a legal department of a bank. He also discusses how to appeal to this wide range of individuals. [12:30] Filing in state vs federal courthouses: Josh discusses the differences between state and federal courthouses, from differences in judges to jury pools [https://en.wikipedia.org/wiki/Jury_selection] to costs, and how to choose the best one for your lawsuit. [15:27] Obtaining and serving a summons: After filing your lawsuit, you'll receive the summons [https://en.wikipedia.org/wiki/Summons], which is what you use to serve the defendant. Josh covers the best (and most cost-effective) way to serve your summons. [18:48] Lawsuits are not anonymous: If you're worried about your lawsuit being public record, Josh talks about how you can't really file a lawsuit anonymously. His advice? If you don't want your name on it, don't file your lawsuit. [19:18] The worry about being countersued: Josh discusses the prevalence of counterclaims [https://en.wikipedia.org/wiki/Counterclaim] being filed in his experience. While some people may be concerned about being countersued, filing a complaint is a constitutional right. [20:49] Speaking to the media: Media attention isn't as common as people think. Regardless, Josh shares advice about what you should and shouldn't do when speaking to the media about your lawsuit. [22:33] Employer response to your complaint: Josh discusses what happens after a lawsuit has been filed and served, including how companies respond to each portion of the complaint. 📨 GET IN TOUCH 📨 The Walking Papers is a bi-weekly podcast by Van Kampen Law [https://www.ncemploymentattorneys.com/], 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. 🎧 Subscribe [https://pod.link/1457637717] to the podcast in your preferred app. 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 [http://ncemploymentattorneys.com] for more online resources and videos, or better yet, call (704) 247-3245 for a free initial intake interview so Van Kampen Law can evaluate your case.

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 Morrison [https://www.ncemploymentattorneys.com/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 [https://www.ncemploymentattorneys.com] 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 [https://www.linkedin.com/in/michael-g-morrison-ii-3b760886/] 💡 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 yourself to keep them out of your decision-making process, but it’s another to fully embrace everyone’s differences. Michael believes cultural collisions occur when people don't know how to respond to difference, so he encourages everyone to get to know and appreciate differences between themselves and their coworkers. ⚡ EPISODE HIGHLIGHTS ⚡ [1:22] Title VII: Michael explains the importance of Title VII [https://www.eeoc.gov/statutes/title-vii-civil-rights-act-1964] as a labor and employment attorney. He then offers definitions for the two types of illegal discrimination that Title VII addresses: disparate treatment and disparate impact. [3:49] Pulling out the dictionary: Michael offers a definition for implicit bias [https://www.merriam-webster.com/dictionary/implicit%20bias] and how it relates to a fun fact: most neuroscientists say the majority of our cognitive processes occur outside of our conscious awareness. [7:21] Distinguishing between the two: Michael explains the pivotal difference between racism [https://www.merriam-webster.com/dictionary/racism] and implicit bias and why it’s easy for people to blur the lines between the two. [8:13] Seeing it in action: Michael elaborates on implicit bias and how it shows up in the legal system and workplace. [11:52] Addressing it: Michael offers some suggestions for how to address implicit bias in the workplace [https://www.shrm.org/hr-today/news/hr-magazine/0418/pages/6-steps-for-building-an-inclusive-workplace.aspx], which includes discussion about the terms motivated awareness and inclusive integrity. [15:38] Getting uncomfortable: Michael explains how cultural collisions occur — because we don't always know how to respond to difference — and why it’s important to pause and reflect on (and appreciate) what makes us different. 📨 GET IN TOUCH 📨 The Walking Papers is a bi-weekly podcast by Van Kampen Law [https://www.ncemploymentattorneys.com/], 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. 🎧 Subscribe [https://pod.link/1457637717] to the podcast in your preferred app. 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 [http://ncemploymentattorneys.com] for more online resources and videos, or better yet, call (704) 247-3245 for a free initial intake interview so Van Kampen Law can evaluate your case.

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 Morrison [https://www.ncemploymentattorneys.com/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 [https://www.ncemploymentattorneys.com] 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 [https://www.linkedin.com/in/michael-g-morrison-ii-3b760886/] 💡 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 discusses the current vaccine landscape — who’s in line before who, what the different levels are, etc. — in North Carolina and explains where to look for the latest information. [4:05] Getting the green light: Michael explains why employers have the right to require their team to get the COVID-19 vaccine via the Americans with Disabilities Act, which allows mandatory medical testing based on the “direct threat standard.” [7:06] Equity is key: Michael dives into why employers should develop “consistent, objective internal policies” when it comes to COVID-19 testing. [8:08] What’s required of you: Michael elaborates on what making accommodations based on a disability really means according to the ADA, and what the only exceptions to this requirement are. [12:38] Worse comes to worst: Michael explains why employers are allowed to bar an employee from the workplace if they refuse to comply with COVID-19 protocols like having their temperature taken or answering questions about symptoms. [14:44] Tread lightly: Michael discusses why, if an employer administers the COVID-19 vaccine, that employer should show that the pre-screening questions are job-related and necessary for the business. [16:23] Expect pushback: Employers should be prepared for some employees to refuse the mandatory vaccination. Michael explains why that’s legal if they have an ADA-covered disability or sincerely held religious belief, practice or observance. [18:49] What to say: Michael discusses how to respond to an employee who indicates they’re unable to receive the vaccine because of a disability or a sincerely held religious practice or belief. 📨 GET IN TOUCH 📨 The Walking Papers is a bi-weekly podcast by Van Kampen Law [https://www.ncemploymentattorneys.com/], 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. 🎧 Subscribe [https://pod.link/1457637717] to the podcast in your preferred app. 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 [http://ncemploymentattorneys.com] for more online resources and videos, or better yet, call (704) 247-3245 for a free initial intake interview so Van Kampen Law can evaluate your case.

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 [https://www.ncemploymentattorneys.com/], 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. 🎧 Subscribe [https://pod.link/1457637717] to the podcast in your preferred app. 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 [http://ncemploymentattorneys.com] for more online resources and videos, or better yet, call (704) 247-3245 for a free initial intake interview so Van Kampen Law can evaluate your case.

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.com [http://www.7mileadvisors.com/] Follow us on Facebook [https://www.facebook.com/VanKampenLaw/], Twitter [https://twitter.com/VanKampenLaw],Google + [https://goo.gl/maps/mGcPcfEWai52],LinkedIn [https://www.linkedin.com/company/van-kampen-law-pllc], andYouTube [https://www.youtube.com/user/vankampenlaw] 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 [https://www.ncemploymentattorneys.com/client-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.