Walking Papers Josh Van Kampen

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.

In this episode, Michael Morrison 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.”

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.”

“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.

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.

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.