Read the latest from the Van Kampen Law team
In a significant arbitration employment law award in North Carolina, global financial services provider Morgan Stanley was ordered to pay over $1.6 million for sex and age discrimination against a 51-year-old white male plaintiff. The ruling came after several years of arbitration and a nine-day trial.
Read moreIn a significant arbitration employment law award in North Carolina, global financial services provider Morgan Stanley was ordered to pay over $1.6 million for sex and age discrimination against a 51-year-old white male plaintiff. The ruling came after several years of arbitration and a nine-day trial.
Read moreVan Kampen Law was recently featured on WSOC-TV Channel 9 Eyewitness News. In the report, North Carolina Employment Attorney, Josh Van Kampen urges workers to not expect unemployment benefits if they refuse the COVID-19 vaccine.
Read MoreRead MoreJosh Van Kampen was recently quoted in The Charlotte Ledger Business Newsletter on the possible passing of Charlotte, North Carolina's nondiscrimination ordinance. A updated draft of the ordinance added an additional measure — providing new employment discrimination protections for employees, too.
Read MoreRead MoreVan Kampen Law was recently featured on WSOC-TV Channel 9 Eyewitness News. Anchor Brittney Johnson interviewed Josh Van Kampen about the biggest COVID-19 safety concerns people are facing on the job and what to do if your job puts you at risk. Learn what you can do if your job puts you at risk of COVID-19 and see the laws that protect public health whistleblowers against retaliation.
Read MoreRead MoreThe 4th Circuit Court of Appeals in Richmond, Va., upheld a local jury verdict that ordered Florida-based Summit Contracting Group to pay $750,000 to the fired worker, Justin Driskell of Georgia. The ruling closed legal gaps that let companies fire workers who raise health and safety complaints at an important time as workers raise COVID-19 related health and safety concerns in the workplace.
Read MoreRead MoreUnder the supervision of Cherie Berrie, the North Carolina Department of Labor, has brought up a single retaliation case on behalf of a worker out of over 10,000 complains. The agency has failed to encource Retaliatory Employment Discrimination Action (REDA) laws that protect workers injured in the workplace, like Robert Maughmer.
Read MoreRead MoreSchool starts in a few weeks, and many students will be learning remotely from home. Lots of working parents are wondering what to do, especially if their child isn’t old enough to stay at home alone or needs help keeping up with the schoolwork. Learn more about the laws and regulations to protect your employment rights during this transitional period.
Read MoreRead MoreAfter an attack on the job, Justin Driskell takes his case against Summit Contracting, Inc. to the Fourth Circuit Appeals Court in the District Court of Western North Carolina. Listen to court proceedings represented by Josh Van Kampen.
Read MoreRead MoreAs businesses start opening up and employees are going back to work, some are being asked to take a significant pay cut in order to keep their job. If you're asked to take a substantial wage cut, what protections are in place in North Carolina to protect your pay?
Read MoreRead MoreDuring North Carolina's Phase 1 Economy reopening, employees are questioning if they are ready to return to work. It's every employer's right to provide a safe and hazard free workplace for their employees, but how can this be accomplished during COVID-19?
Read MoreRead MoreAs North Carolina businesses prepare to reopen during the Phase 1 Economic Reopening Stage, many employees are not eager to return to their old jobs. Do government benefits have to do with more workers staying at home?
Read MoreRead MoreCarolyn White, former Central Piedmont Community College associate vice president, is suing the college for gender and age discrimination after she and a dozen other female staff members over the age of 40 were laid off in 2017.
Read MoreRead MoreA former administrator at Central Piedmont Community College sued the Charlotte-based school this week, claiming she and 28 other employees were fired or forced out because they’re older than 40. Read more updates from the lawsuit.
Read MoreRead MoreRecently issued U.S. Equal Employment Opportunity Commission guidelines give employers leeway to aggressively respond to coronavirus, but experts say employers will have to tread carefully without violating the Americans with Disabilities Act. Further legislation must protect workers and show that employees with COVID-19 are not an impediment to employers.
Read MoreRead MoreDespite stay-at-home orders in Mecklenburg County local employees say they’re being forced to show up to work or face losing their jobs. A Charlotte employment attorney is calling on North Carolina Governor Roy Cooper to sign an executive order protecting employees from retaliation related to the COVID-19 pandemic.
Read MoreRead MoreA WBTV Investigation is looking at whether companies can fire employees for taking sick time during the COVID-19 pandemic. An employee at a dental office received a doctor’s note saying she should be quarantined for 14 days awaiting results from a coronavirus test. She was fired the next day.
Read MoreRead MoreCOVID-19 has overwhelmed the federal and spotty North Carolina employment law protection scheme. The NC wrongful discharge tort is built to adapt immediately to new pronouncements of “public policy,” and an executive order should do the trick. What can Gov. Roy Cooper achieve with the stroke of a pen to bring needed relief to our suffering workforce?
Read MoreRead MoreIt’s hard to believe that after all the progress that we have made as a country toward improving individual rights, one could be legally fired based on sexual orientation or gender identity. Yet, this can, and has still happened.
Read MoreRead MoreWilberg accused Google of favoring women and minorities in its internal hiring policies, in turn discriminating against white and Asian men. Not your typical employment discrimination lawsuit.
Read MoreRead MoreJosh Van Kampen in the Wall Street Journal re: Sealed Air, Under Federal Investigation, Switches Audit Firms. “Sealed Air’s acknowledgement that it has not found an independence violation is powerful evidence that it did not have ‘cause’ to fire Mr. Stiehl,” wrote the attorney, Josh Van Kampen.
Read MoreRead MoreCBJ Morning Buzz: The Wall Street Journal reports Sealed Air Corp. (NYSE: SEE) has dumped Ernst & Young as its independent auditor. The decision comes amid ongoing federal investigations into Sealed Air's financial practices and the process by which it selected its auditor.
Read MoreRead MoreLawyers don’t appear to be in danger of being replaced by artificial intelligence, but employers are increasingly turning to proprietary AI programs to automate the recruiting arm of their human resource departments, which could turn out to be discriminatory. Read more about the subject from Josh Van Kampen in North Carolina Lawyers Weekly.
Read MoreRead MoreA white worker at a North Carolina barbecue joint threw hot sauce on an African-American co-worker and repeatedly called her the “N-word,” the federal Equal Employment Opportunity Commission said in a news release and lawsuit. The EEOC filed the lawsuit in federal court in Statesville this week against Joe’s Old Fashioned Bar-B-Que Inc., the corporate entity for Lancaster’s BBQ & Wings, according to the EEOC’s news release.
Read MoreRead MoreA woman claims her co-worker at a local restaurant repeatedly used racial slurs against her and even dumped hot barbecue sauce on her. The federal government is now getting involved and suing Lancaster's BBQ & Wings restaurant in Mooresville. Read more on the story inside.
Read MoreRead MoreA group of parents has reached a settlement with a preschool in Charlotte that they said discriminated against their children because of disabilities. Calvary Child Development Center and a group of five families came to an agreement Oct. 3 to dismiss the families’ lawsuit in exchange for the school adopting policy changes to better accommodate children of all ability levels.
Read MoreRead MoreCHARLOTTE, NC (WBTV) - A settlement was reached Wednesday in a lawsuit filed in 2016 against a megachurch in south Charlotte that claimed discrimination against children with special needs. The lawsuit was filed in January 2016 against Calvary Church's Child Development Center. Five families claimed their children were wrongly expelled or asked to leave the school because of perceived or real disabilities.
Read MoreRead MoreThe megachurch Calvary Church in south Charlotte is promising changes after settling a lawsuit involving children who have special needs. The children's families dismissed the lawsuit against Calvary Wednesday. Five families claim Calvary Church denied their children care, kicking them out of the school because of their disabilities, including diabetes and ADHD.
Read MoreRead MoreParents who said their children were booted from the day care at Calvary Church in south Charlotte because their kids developed medical conditions have settled their lawsuit with the church, court records show.
Read MoreRead MoreWhen The Washington Post published a profile of Karen Pence, wife of VP Mike Pence, there was a brief anecdote near the story’s end that sent the internet into overdrive - a revelation that 15 years ago, the now-Veep told an interviewer that he never eats alone with a woman other than his wife.
Read MoreRead MoreSuperior Court Judge Erwin Spainhour of Concord ordered the prominent south Charlotte church to turn over school files for 14 families who claim that their preschool-aged children were denied admission or forced to leave Calvary’s child-development center due to real or perceived medical problems.
Read MoreRead MoreCHARLOTTE, NC — While some think House Bill 186 provides unnecessary protections for Churches and non-profits, others think it doesn’t go far enough. According to HB186, Churches and non-profits would be exempt from following a city’s non-discrimination ordinance. Charlotte Employment Attorney Josh Van Kampen says he sees no reason for the protection.
Read MoreRead MoreA local customer service rep says she is frustrated with the company she works for after management has asked her to come to work early, to make up for what they believe is lost time from excessive breaks. The woman says she has a chronic illness that causes her to use the bathroom more than one to two break times allowed during the day.
Read MoreRead MoreJosh Van Kampen has been elected to the Business North Carolina magazine’s Legal Elite, as seen in this month's issue of BNC magazine. This listing is created by lawyers who vote on their peers as the state’s best practitioners in their fields.
Read MoreRead MoreLawmakers go into special session on Wednesday Dec. 21st to consider repealing the state's controversial HB2 law, which reduces civil rights protections for gays, lesbians, bisexuals and transgender people.
Read MoreRead MoreFirms included in the 2017 “Best Law Firms” list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality law practice and breadth of legal expertise.
Read MoreRead MoreCHARLOTTE, N.C. – The official oral surgeon of the Charlotte Hornets, the Checkers and several other local teams has been named in a lawsuit filed by two former employees who claim they were fired after complaining about unsanitary procedures in the office.
Read MoreRead MoreCHARLOTTE, NC (WBTV) - A lawsuit filed by a former staffer on Donald J. Trump’s campaign for president claims the campaign’s then-North Carolina State Director pulled a gun on him and senior campaign officials refused to do anything about it.
Read MoreRead MoreA former staffer for Donald Trump's campaign alleged in a lawsuit this week that a top aide in North Carolina pulled out a gun while the pair traveled together in February and held the loaded firearm to the staffer's kneecap.
Read MoreRead MoreA former Donald Trump campaign manager once terrorized a staffer by jabbing a loaded gun into his knee — and team Trump refused to step in and help the harassed employee, according to a new lawsuit.
Read MoreRead MoreCHARLOTTE, NC (WBTV) - The future of House Bill 2 is being discussed behind closed doors after WBTV released a leaked draft of proposed changes to the law. One part of the law that Governor Pat McCrory has said he wanted to see changed is to allow North Carolinians to sue in state court if they face discrimination in the workplace.
Read MoreRead MoreCHARLOTTE, N.C. -- The fate of a discrimination case against a Charlotte mega church now rests in the hands of a judge. Calvary Church is accused of discriminating against disabled students at its child development center. The plaintiffs say their children were kicked out of school or were denied medical attention while in the care of the staff at the daycare.
Read MoreRead MoreCHARLOTTE, N.C. — Channel 9 learned new details Monday about the lawsuit against a south Charlotte church. Eyewitness News has reported since January that more than a dozen families claim Calvary Church’s day care discriminated against their children and kicked them out because they have disabilities.
Read MoreRead MoreCHARLOTTE, NC — It could be months before a judge decides whether to dismiss a lawsuit against Calvary Church. More than a dozen families say the Child Development Center Director Pat Collins kicked out kids with disabilities. Monday, families faced Collins for the first time since they say she kicked their kids out of school for disabilities.
Read MoreRead MoreCHARLOTTE, NC (WBTV) - A Mecklenburg county judge is expected to rule on motions made in court Monday afternoon in the growing discrimination lawsuit against Calvary Church and its child development center director. Several families allege their children were wrongly expelled or asked to leave the school because of perceived or real disabilities.
Read MoreRead MoreCHARLOTTE, NC (WBTV) - Preschool pictures from the Child Development Center at Calvary Church on Pineville-Matthews Road show Sophia Kelleher is cute as a button. Her mom, Serena, says Sophia has done well in school and camps, but Kelleher says Sophia's experience at Calvary's preschool left a negative long-term effect.
Read MoreRead MoreCHARLOTTE, N.C. — A Charlotte man said North Carolina's controversial nondiscrimination law is keeping him from getting justice after he said he was fired because of his age. “It was purely age discrimination,” Rick Compton, 60, said. “They were just getting rid of the old guy.”
Read MoreRead MoreCHARLOTTE, N.C. -- One of the least discussed aspects of the state's new discrimination law is the fact that is strikes down an employee's right to sue a company for wrongful termination. Rick Copeland is in his 60s and was fired last March from his job as a vice president at BB&T's office in Gastonia.
Read MoreRead MoreMINT HILL, N.C. – A woman is suing a Mint Hill chiropractor who she claims had her undress and undergo a chiropractic exam when she applied for a job. Carrie Jenkins, 27, from Monroe, says in her complaint that she had applied for a job with Dr. Keith Helmendach at the Charlotte Spine and Pain Relief Center in Mint Hill in September of 2014. She says after completing one interview, Helmendach called her back for a second interview.
Read MoreRead MoreCHARLOTTE, NC (WJZY) - It's been exactly one week since state leaders overturned Charlotte's non-discrimination ordinance. The political fallout is only getting worse. HB2 could potentially impact everyone who has a job. Not just the LGBT community.
Read MoreRead MoreCHARLOTTE, NC (WBTV) - Lawmakers in Raleigh who supported House Bill 2 are proud they were able to stop Charlotte from implementing a non-discrimination ordinance, commonly called the "bathroom bill." NC Governor Pat McCrory signed the new bill into law Wednesday night, but that hasn't stopped the debate. Lawmakers passed the bill in a special session and the Governor signed it all within one day.
Read MoreRead MoreWSOCTV - The N.C. General Assembly approved a bill that invalidates Charlotte’s new legal protections for LGBT individuals, doing far more than striking down a controversial provision that allowed transgender people to use the bathroom of the gender with which they identify. Gov. Pat McCrory signed it into law hours later.
Read MoreRead MoreCHARLOTTE, NC (WBTV) - What some are calling a victory for Charlotte's LGBT community, others are calling a threat to public safety. The Charlotte City Council Monday night passed a non-discrimination ordinance that would allow transgender people to choose bathrooms in private businesses that correspond to their gender identity. Now the question is how will the ordinance be enforced, and what does it mean for you?
Read MoreRead MoreCHARLOTTE, N.C. – One of Charlotte’s largest churches now sees itself facing legal troubles. Two more families are joining a lawsuit against Calvary Church in south Charlotte, claiming the church discriminated against their children by illegally expelling them from school over health issues. “In the beginning, he would cry every morning on his way to his new school,” said Lid Brundage. She was shocked last fall when her four-year-old son Carter was allegedly kicked out of the Calvary Church Child Development Center.
Read MoreRead MoreCHARLOTTE, N.C. — A discrimination lawsuit against a south Charlotte mega church is growing, as six more families came forward after Channel 9’s story about the suit aired in January. They claim Calvary Church dismissed their children because of medical or developmental disorders. The amended suit was filed Wednesday morning in Mecklenburg County. The lawsuit highlights allegations that Calvary Church and child development director Pat Collins discriminated against children with disabilities.
Read MoreRead MoreSix more families have come forward to say their children were forced out of Calvary Church’s child development center because of medical conditions or developmental disabilities. The families are listed in an amended complaint to a lawsuit filed in Mecklenburg County Superior Court in January. The original lawsuit was filed by two couples who said their preschool-aged children were expelled from the center after they developed medical conditions.
Read MoreRead MoreCHARLOTTE, NC (WBTV) - A month after the first lawsuit, more parents are coming forward saying their child was kicked out or not allowed to attend Calvary Child Development Center because of disabilities. The parents of six more children say their children were either denied acceptance or kicked out of the preschool at Calvary Church because of their disabilities. Since the lawsuit was originally filed, the preschool has made a change to a form given to parents.
Read MoreRead MoreCHARLOTTE, NC - One of Charlotte’s largest churches is facing a lawsuit. Two families are suing Calvary Church because they say their children were kicked out of the pre-school program because of medical conditions. “How do you tell your 3-year-old that after you’ve been in the hospital, you’ve been to all these doctor appointments, that you can’t go to school anymore?” said Lucy Dunning. “It’s not right. It’s not the right thing to do. You are a church,” said Luis Borjas. The Borjas family and Dunning family say Calvary Church Child Development Center Director Pat Collins expelled their children because of their medical needs in the 2014-15 school year.
Read MoreRead More<strong>By WBTV.com</strong> The Calvary Church Child Development Center, located in Charlotte NC, expelled children because of their medical needs in the 2014-15 school year. The families hired attorney Josh Van Kampen and filed a complaint, demanding for the pre-school to provide a nurse and monetary compensation and to adopt the same legal obligations to accommodate, and not discriminate, against disabled children under the Americans with Disabilities Act.
Read MoreRead MoreTwo Mecklenburg County couples have sued Calvary Church, saying its child development center expelled their preschool-aged children after they developed medical conditions. The lawsuit, filed Tuesday in Mecklenburg County Superior Court, claims the center’s director expelled the students after one was diagnosed with Type 1 diabetes and the other with abdominal migraines. Calvary is a nondenominational evangelical church on N.C. 51 in south Charlotte. About 850 children attend preschool or day care at its child development center, according to the church’s website.
Read MoreRead MoreDiscovery, the all-important quest for information on which litigation depends, used to involve digging through warehouses full of paper documents, piled sky-high in cardboard boxes. Today, of course, electronic storage keeps an exponentially larger number of documents much closer to hand. As the nature of discovery itself has changed, the law that governs it is changing, too. On Dec. 1, several major changes to the Federal Rules of Civil Procedure took effect, ones that will potentially have significant reverberations for litigators.
Read MoreRead MoreThe number of people filing charges with the U.S. Equal Employment Opportunity Commission, alleging that they had been discriminated against by their employer, has dropped steadily each of the past four years. Just over 4,000 charges were filed in the 2014 fiscal year, a 23 percent drop since 2010. The drop was evident over all the types of discrimination claims tracked by the EEOC.
Read MoreRead MoreIREDELL COUNTY, NC - Two survivors of domestic violence who sued the Iredell County Sheriff and one of his deputies finally got what they wanted: Deputy Ben Jenkins has been dismissed from the force.
Read MoreRead MoreCHARLOTTE, NC — Denise Lockie a survivor from the Miracle on the Hudson said she was wrongfully terminated after she was diagnosed with post-traumatic stress disorder after the plane crash. She was returning home to Charlotte from a business trip when her plane went down in the Hudson River.
Read MoreRead MoreCHARLOTTE, NC - The big story on the national stage this week, continues to be the Supreme Court's ruling that some businesses do not have to cover certain kinds of contraception. Justice Ginsburg stated in her dissent that the recent exemption creates a slippery slope concerning religious beliefs and the health of employees.
Read MoreRead MoreCHARLOTTE, N.C. — The man who spoke out for U.S. airline pilots has decided to sue the union he once represented. Mike Cleary worked as a union president for almost four years. When Cleary was preparing to leave, the pilots’ association refused to pay him for more than 100 days of vacation he earned. Cleary's attorney Josh Van Kampen, filed the lawsuit.
Read MoreRead MoreGASTON COUNTY, NC - A Gaston County paramedic and breast cancer victim is suing county officials on allegations that they failed to protect her from vicious sexual harassment. An employment law attorney for Abigail Wilson filed the lawsuit in Gaston County Superior Court, citing negligence and battery against the co-worker who is accused of abusing Wilson.
Read MoreRead MoreCHARLOTTE, N.C. — A Native American beauty queen is suing her former employer over claims they tried to cover up alleged sexual harassment and battery. Attorney Josh Van Kampen commented that his client filed in Charlotte because she feared she could not get a fair trial in her home town of Pembroke, which is about two hours southwest of Charlotte.
Read MoreRead MoreANSON COUNTY - Alleged charges against an Anson County teacher, Patricia Frost, accused of slapping a student have been dismissed, but she is still suspended from her job. "I have always expected to get my job back. This is just another step towards that," said teacher Patricia Frost.
Read MoreRead MoreANSON COUNTY, NC - An Anson County teacher still fights to get her job back after she was suspended without pay for allegedly slapping a student. Patricia Frost admits to slapping Johnathan Smith, 18, but only as a defense for herself after she says he refused to pull up his pants and cursed her out.
Read MoreRead MoreSTATESVILLE, NC - A second woman has said she was sexually harassed by the former head of police agency's domestic violence unit, Richard Jenkins III. Lisa Mangiardi says she sought help from the Iredell County Sheriff's office for a domestic violence issue and that is when Richard sexually propositioned her and began stalking her.
Read MoreRead MoreIREDELL COUNTY, NC — A Kannapolis woman is suing the Iredell County sheriff and a deputy after she said the deputy threatened and sexually harassed her and still kept his job. She filed the civil complaint against the two men on Wednesday. "Just because you are an abused woman doesn’t mean you lose your right to speak," said Suzanne Wick.
Read MoreRead MoreJason Myers says the three-day hospitalization that followed his suicide attempt was the wake-up call he needed to treat what he characterizes as “a major depressive disorder.” He’s now suing Roush Fenway for wrongful termination, claiming in a June 2 filing in Cabarrus County Superior Court that the organization violated the Family Medical Leave Act by firing him.
Read MoreRead MoreCHARLOTTE, N.C. -- Carl Edwards' former car chief sued Roush Fenway Racing, accusing the organization of firing him shortly after his suicide attempt. Jason Myers said his dismissal in February violated the Family Medical Leave Act. He filed a civil complaint in Cabarrus County Superior Court seeking more than $10,000 in compensatory and punitive damages.
Read MoreRead MoreA federal judge in Charlotte has ruled that a lawsuit alleging Bank of America Corp. fired an employee because he is disabled can go to trial. In his ruling, Judge Dennis Howell said Gerard Eckhardt, a quadriplegic who was terminated by the bank in 2005, has provided “direct evidence of discrimination” and denied the bank’s motion for summary judgment late last month.
Read MoreRead MoreThe former Charlotte branch manager for A.G. Edwards & Sons Inc. has won a $1.25 million arbitration award from the company, after claiming he was demoted and forced to resign following psychiatric treatment in 2001. The award was made for violations of the Americans with Disabilities Act and the Families with Medical Leave Act.
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