Joshua R. Van Kampen
Attorney Profile
Top Rated Employment & Labor Attorney in Charlotte, NC
Selected To Rising Stars: 2009 - 2011
- Employment & Labor: Employee (50%),
- Employment Litigation: Plaintiff (50%)
If you are litigating an employment matter in a conservative state, you need the best possible advocate in your corner. In 2018, 2019 and 2020, SuperLawyers rated Josh in its “Top 100” attorney list for all of North Carolina and in its "Top 25" attorney list for Charlotte. This follows Josh being named in the Top 100 List in 2017 as well. These are not lists ranking the top employment lawyers. Josh is ranked among the top attorneys in any practice area. At 48, Josh is among the youngest attorneys in North Carolina to receive these recognitions and one of the few attorneys to receive this recognitions in consecutive years.
The road to SuperLawyers' top lists for North Carolina started in Chicago, Illinois in 1998, where Josh trained as an associate at two nationally recognized employment law defense firms in Chicago,Seyfarth Shaw and Franczek Sullivan. During his six years as a defense attorney, Josh defended Fortune 500 companies as well as smaller businesses in age, race, sex, disability, sexual harassment, traditional labor, and wage and hour litigation. Josh's defense experience also included counseling employers on litigation avoidance and sexual harassment training.
In 2004, Josh relocated to Charlotte, North Carolina, and transitioned his practice from defending employers to exclusively representing victims of discrimination, sexual harassment, unequal pay, wrongful discharge, retaliation, and wage and hour violations. A significant portion of his practice also includes negotiations and litigation involving executive employment agreements, severance agreements and stock/long term incentive disputes.
Prior to forming Van Kampen Law PC in July 2011, Josh was a partner at two of the premier, plaintiff-side employment law firms in North Carolina: Fosbinder & Van Kampen, PLLC and Patterson Harkavy, LLP.
Van Kampen Law's primary clients are professional and executive-level victims of employment discrimination and sexual harassment. Josh leverages his training as a management-side employment attorney to anticipate and counteract strategies and tactics utilized by employers. Being a member of the defense bar has also been useful to Josh in helping clients to properly value their cases, and to assess when to push and when to concede during settlement negotiations.
The firm also strategically takes on fewer cases so that it can devote sufficient resources to match up favorably against the large defense firms employers invariably hire. By concentrating his practice exclusively on employment law in North Carolina for the last fiftteen years, Josh has also established close working relationships with many of the area’s employment law defense attorneys and in-house counsels, which can sometimes facilitate early settlement. To that end, many of the cases referred to Josh are from defense attorneys against whom he has litigated. Josh was even retained by a large law firm in Charlotte, which he litigated against many times, to join its defense team when it was sued for discrimination.
Ultimately, Van Kampen Law strives to be regarded as the most aggressive employment litigation firm in the state and a firm to be feared at trial. That said, the firm also works effectively and in good faith with area employers to settle matters amicably and confidentially where possible. While litigation is ultimately often necessary, Van Kampen Law's initial approach with employers emphasizes diplomacy, open-mindedness and mutual interests.
Josh has assumed several leadership roles within the plaintiff-side employment law bar in North Carolina. He is currently vice-chairman of the Mecklenburg County Bar Association's Labor and Employment section and has previously served as chairman and ethics chair of the North Carolina Advocates for Justice's Employment Law Section. Josh has served on the North Carolina Bar Association's Employment Law Executive Committee for several years. He is also member of the National Employment Lawyers Association and Southern Trial Lawyers Association.
Josh is a frequent lecturer on employment law issues and negotiation strategy.
Josh received his B.A. from Purdue University in 1993 and his Juris Doctor from the University of Illinois College of Law in 1998, where he graduated with magna cum laude honors.
- 50%Employment & Labor
- 50%Employment Litigation
Employment Law - Employee
Selections
Super Lawyers: 2012 - 2020 Rising Stars: 2009 - 2011
To: Joshua R. Van Kampen
Super Lawyers: Potential Client Inquiry
Additional Sources of Information About Joshua R. Van Kampen
About Joshua Van Kampen
Admitted: 2004, North Carolina
Professional Webpage: https://www.ncemploymentattorneys.com/josh-van-kampen/
Honors/Awards:
- Van Kampen Law has been recognized as a "Best Law Firm" by US News and World Report since 2016 and obtained a "Tier 1" ranking by US News and World Report for 2019 and 2020. A "Tier 1" ranking places Van Kampen Law among the largest, most prestigious law firms in North Carolina. , 2020
- From 2011-2012 and 2014-2020, Mr. Van Kampen has been recognized as a member of the "Legal Elite" by Business North Carolina Magazine, an honor bestowed on only 3% of lawyers in North Carolina. Business North Carolina Magazine also previously recognized Mr. Van Kampen as one of the top employment law attorneys under 40. , 2020
- For 2015 through 2020, Josh Van Kampen has been selected by his peers for inclusion in The Best Lawyers in American in Litigation- Labor and Employment., 2020
Bar/Professional Activity:
- Josh has served as Chairman and Vice Chair of the Mecklenburg County Bar Association and North Carolina Advocates for Justice's Labor and Employment Law. Josh has served on the Executive Committee of the North Carolina Bar Association's Employment Law Council. In 2014, Mr. Van Kampen was admitted to membership in the Southern Trial Lawyer's Association; he is one of only twenty-six attorneys in North Carolina admitted to the STLA. Also in 2014, Josh was one of only sixteen attorneys nationally to be be selected to Law 360's Employment Law Editorial Advisory Board. Josh is regularly quoted in state, local and national news stories on employment law, and presents annually at state and national continuing education seminars on employment law
Pro bono/Community Service:
- Josh has volunteered in several capacities including the Lunch with A Lawyer Program for High School Students, the North Carolina Advocates for Justice and North Carolina Bar Association's New Bar Admittee Mentor Program Mentor, and the North Carolina State Bar Association Call4All WBTV event. , 2020
Scholarly Lectures/Writings:
- Presentation on Van Kampen Law's Aggressive Approach to Early Negotiations, Presenter, Making it Rain in the Desert - A Playbook for Significant, Fast Settlements in Employment Litigation, Southern Trial Lawyer's Association , 2020
- Presented on all aspects of federal employment law., Presenter , Introduction to Federal Employment Law, NC Bar Association , 2016
- Quoted on EEOC's failure to specifiy that COVID-19 is a disability , Quoted in Article, EEOC Coronavirus Guidance No Silver Bullet for ADA Risks , Law360, 2020
- Families First Coronavirus Response Act falls short and NC law protections overwhelmed by COVID-19 pandemic , Author, COVID-19 overwhelms North Carolina’s ill-equipped employment law protections, NC Lawyers Weekly, 2020
- Using the North Carolina Rules of Professional Responsibility Offensively in Employment Litigation, Co-Presenter, Trending Discovery Disputes: Recent Decisions, Employer Defense Tactics and Ethics, North Carolina Advocates for Justice , 2020
- North Carolina Prima Facie Tort Manual, Lexis-Nexis, contributing author to Fifth (2013), Sixth (2014) and Seventh editions, Co-editor, North Carolina Prima Facie Tort Manual, Lexis-Nexis, 2019
- Co-presenter on “Introduction to Federal Employment Discrimination Law,” North Carolina Bar Association, Cary, NC, February 15, 2018, Co-Presenter, Introduction to Federal Employment Discrimination Law, North Carolina Bar Association, 2020
- Can an artificial intelligence hiring selection program discriminate against applicants in protected classes?, Author , Employers’ Use of Artificial Intelligence to Screen Applicants Can Raise Discrimination Alarms, North Carolina Lawyers Weekly, 2019
- Presentation on federal discrimination law, Co-Presenter , Introduction to Federal Employment Law, North Carolina Bar Association , 2018
- Co-Presenter, “Changes to Federal Rules of Civil Procedure,” North Carolina Bar Association Annual Employment Law Program, Cary, N.C, February 15, 2018, Co-Presenter, Changes to the Federal Rules of Civil Procedure, North Carolina Bar Association, 2018
- “Changes to Federal Rules of Civil Procedure,” North Carolina Advocates for Justice Annual Employment Law Program, Cary, N.C, February 3, 2017, Co-Presenter, Changes to the Federal Rules of Civil Procedure, North Carolina Advocates for Justice , 2018
- HB2 Affects Everyone With a Paycheck, Josh Van Kampen quoted in article, 2016., Quoted in TV News Story, HB2 Affects Everyone With a Paycheck, Fox46 Charlotte, 2016
- JVK quoted in TV coverage on HB2, TV interview, Lawyers review Charlotte's updated non-discrimination ordinance, WBTV, February 23, 2016., WBTV, 2016
- "High Court's BNSF Ruling A Roadblock For Forum-Shopping", Law 360, JVK quoted in article, Quoted in article , High Court's BNSF Ruling A Roadblock For Forum-Shopping, Law 360, 2016
- , Law360 Employment, JVK quoted in article, Quoted in Article, "High Court Closes Defense Loophole In Religious Bias Suit", Law360, 2015
- Lecture on Employment Law: Case Selection - How to Pick Winning Cases at the Charlotte School of Law, Lecture, Case Selection - How to Pick Winning Cases, Charlotte School of Law , 2015
- "Growth of FLSA lawsuits", Law360 Employment, JVK quoted in article, Quoted in Article, Growth of FLSA lawsuits, Law360, 2015
- "Retaliation Claims Harder To Ditch After 4th Circ. Ruling", Law360 Employment, JVK quoted in article, Quoted in Article, Retaliation Claims Harder To Ditch After 4th Circ. Ruling, Law360, 2015
- "With New OT Regs Looming, Lawyers Advise Early Planning", Law360 Employment, JVK quoted in article, Quoted in Article, "With New OT Regs Looming, Lawyers Advise Early Planning", Law360, 2015
- "High Court Ruling In Tyson Wage Case Could Be Blockbuster", Law 360 Employment, JVK quoted in article, Quoted in Article, High Court Ruling In Tyson Wage Case Could Be Blockbuster, Law360, 2015
- "Final OT Rule May Go Beyond Salary Hike, Lawyers Say", Law360 Employment, JVK quoted in article, Quoted in Article, Final OT Rule May Go Beyond Salary Hike, Lawyers Say, Law360, 2015
- "The 4 Biggest Questions Facing Discrimination Attys", Law360 Employment, JVK quoted in article, Quoted in Article, The 4 Biggest Questions Facing Discrimination Attorneys, Law360, 2015
- "Federal Courts Usher in Big Changes to Rules for Discovery". JVK quoted in article, Quoted in Article, Federal Courts Usher in Big Changes to Rules for Discovery, NC Lawyers Weekly, 2015
- "Yoga Guru's Legal Woes Mount As Damages Seem Indisputable". Law360 Employment, JVK quoted in article, Quoted in Article, Yoga Guru's Legal Woes Mount As Damages Seem Indisputable, Law360, 2015
- Lecturer on Employment Law Case Selection at the Charlotte School of Law, Lecture , Employment Law Case Selection, Charlotte School of Law, 2014
- "North Carolina State Law Employment Claims, The Why and How to Litigate Employment Matters in State Court," Presenter at Mecklenburg County Bar Annual Employment Law CLE, Presenter, North Carolina State Law Employment Claims, The Why and How to Litigate Employment Matters in State Court, Mecklenburg County Bar Association Annual Labor and Employment CLE, 2013
- , NC/SC Bar Association Labor and Employment Law Annual Meeting, Co-Presenter, Mediation Strategies - Insights from a Mediator, Plaintiff Attorney and Management Attorney, NC/SC Labor and Employment Law Annual CLE, 2012
- "The Art of the Deal - Getting the Most Out of Mediation," Presenter at North Carolina Advocates for Justice Annual CLE, Presenter, The Art of the Deal - Getting the Most Out of Mediation, North Carolina Advocates for Justice , 2012
- "Negotiations Strategy Demand Letter Through Summary Judgment: How to 'Make' Good Settlements Happen," Presenter at North Carolina Advocates for Justice, Employment Law Symposium, Presenter, Negotiations Strategy Demand Letter Through Summary Judgment: How to 'Make' Good Settlements Happen, North Carolina Advocates for Justice, Employment Law Symposium, 2011
- "ADA Amendments Act: Major Changes / Major Impact," Presenter at Mecklenburg County Bar Association Employment Law Symposium, Presenter, ADA Amendments Act: Major Changes / Major Impact, Mecklenburg County Bar Association Employment Law Symposium, 2011
- "Should the ADAAA's Disability Definition Apply to North Carolina Common Law Wrongful Discharge Claims", by Joshua R. Van Kampen and Maggie Souders, North Carolina Bar Association, Labor and Employment Law Newsletter, Should the ADAAA's Disability Definition Apply to North Carolina Common Law Wrongful Discharge Claims, North Carolina Bar Association Labor and Employment Law Newsletter, 2010
- "Lipstick on a Pig: North Carolina Employment Law Needs a Makeover" North Carolina Advocates for Justice Trial Briefs, Co-author, "Lipstick on a Pig: North Carolina Employment Law Needs a Makeover", NC Advocates for Justice Trial Briefs, 2009
- Lecturer on Lessons to be Learned for Employers from a Plaintiff-Side Employment Attorney, Presenter, Lecturer on Lessons to be Learned for Employers from a Plaintiff-Side Employment Attorney, Union County Chamber of Commerce , 2008
- "The Fair Housing Act's Protections of Children" GP Solo and Small Firm Lawyer, Volume 15, Number 5, October/November, Author , The Fair Housing Act's Protections of Children, 1998
Verdicts/Settlements:
- On Feb. 2, a jury in the U.S. District Court for the Western District of North Carolina returned a $750,000 verdict against the company, including $681,000 in punitive damages.“We asked the jury to send a message, not just to construction companies, but just to companies in town generally, that in Charlotte we take our workplace safety seriously, and we asked the jury to also send a message to workers that if they see dangerous situations at work that they should report it, and that if they are retaliated against for reporting it, we wanted to jury to say that we will have your back,” Van Kampen said. “And the jury said pretty loudly and clearly that they had his back.”https://www.ncemploymentattorneys.com/news/verdict-may-set-record-for-employment-case-punitives/, 2018
Videos:
- Meet Joshua Van Kampen video, 2012
Newsletters:
- Van Kampen Law representing African-American female civil rights victim. , Feds Intervene in Claims of Racial Slurs at Mooresville Restaurant
- Josh Van Kampen quoted on the impact of the "me too" movement in litigation. , Sexual Harassment in the Workplace: Where Numbers Don’t Tell the Story
- , IBM Hit with Another Age Discrimination Suit: What it Means for Red Hat
- 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., Calvary Church Settles Child Discrimination Lawsuit
- The federal government is now getting involved and suing Lancaster’s BBQ & Wings restaurant in Mooresville. Eyewitness News anchor Allison Latos uncovered the lawsuit in court records and spoke exclusively with the worker, who said she’s never been treated so badly simply because of the color of her skin. Van Kampen Law firm will intervene to bring additoinal claims against teh restaurant. , Fed's Intervene in Claims of Racial Slurs at Mooresville Restaurant
- Parents, represnted by Van Kampen Law, 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., Parents of Children Booted from Calvary Church Day Care in Charlotte Settle Lawsuit
- , Iredell County Sheriff's Office Short on Answers, by John Hamlin, Statesville Record & Landmark.
- "Broker wins $1.25M arbitration award on ADA, FMLA claims" by Ertel Berry (August 6, 2006), North Carolina Lawyers Weekly
- McCrory signs bill striking down Charlotte LGBT bathroom ordinance, March 24, 2016
- EEOC Filings Are Way Down In N.C. Employment Law Attorneys Have Theories Why, by David Donovan, N.C. Lawyers Weekly.
- Calvary Church Battles Claims of Discrimination, WCCB, May 9, 2016.
- Public Defender Says He Was Fired for Being a Single Dad to Autistic Child, by Glenn Counts, WCNC.
- Former Tire Changer Sues Michael Waltrip Racing, by Joe Marusak, The Charlotte Observer.
- "ADA claim survives summary judgement in Western District" by Guy Loranger, North Carolina Lawyers Weekly, December 15, 2008, (front page)
- Sexual Harassment Lawsuit Against Redmond, Deputy Settled, Statesville Record & Landmark.
- Families allege discrimination at Calvary Child Development Center, WBTV, January 5, 2016.
- "Demoted County Employee Raises Jury Issue of Age Bias, Court Rules", BNA Daily Labor Report, December 29, 2010.
- 2018 - Summit Contracting Loses Wrongful Discharge Lawsuit to Van Kampen Law Client
- Iredell County Former Sheriff Named Among Top 10 Worst Bosses, by Joe Marusak, Charlotte Observer
- "A.G. Edwards Pays Over $1.25M to Former Manager with Bi-Polar Disorder" (July 28, 2006), Daily Labor Reporter
- Motions to be heard in Calvary Church lawsuit, WBTV, May 9, 2016.
- The Broader Impact of The "Hobby Lobby" Ruling, by J Rogers, WCCB.
- High Court Ruling In Tyson Wage Case Could Be Blockbuster
- "Discrimination Cases Not Black and White," by Austin Light, The Mecklenburg Times, September 11, 2009.
- Sexual Harassment Lawsuit Settled, Iredell Co. Deputy Dismissed From Force, by Sharon Smith, WBTV.
- "Programmer Says BofA Fired Him Over Disability: Bank Says Position Was Eliminated As Part of Reduction in Force" by Michael Drummon (Nov. 27, 2007), Charlotte Observer
- More Families Join Lawsuit Against Calvary, WCNC, April 26, 2016.
- Native American Beauty Queen Sues Former Employer, by Kathryn Burcham, WSOCTV.
- 5 Officials Employment Attys Need to Know, by Law360.
- Retaliation Claims Harder To Ditch After 4th Circ. Ruling, by Ben James, Law360.
- "Fired Crew Member Sues Roush Fenway Racing" by Jenna Fryer, Also Reported In CBSSports, Associated Press, ESPN, Sports Illustrated
- Suzanne Wick "Disgusted by Sheriff's Office Inaction After Complaint, by Donna Swicegood, Statesville Record & Landmark.
- "Former Gaston County Teacher's Lawsuit Claiming Pregnancy Discrimination Scheduled for Trial" by Amanda Millard (May 19, 2008), Teacher's suit over pregnancy will go forward, Gaston Gazette
- New NC law affects more than bathrooms and LGBT rights, March 24, 2016
- Charges Dropped Against Teacher Accused of Slapping Student, WSOCTV.
- https://www.ncemploymentattorneys.com/news/verdict-may-set-record-for-employment-case-punitives/, Verdict May Set Record for Employment Case Punitives
- Former Pilot Union President to Sue Agency Over Vacation Days, WSOCTV.
- MWR Sued By Former Employee, by Bob Pockrass, ESPN.COM.
- He Won't Back Down, Charlotte Man Suing Bank of America for Discrimination Will Get His Day in Court, by Regan White, The Charlotte Weekly.
- Iredell Sheriff, Former Officer Settle Sexual Harassment Suit, by Joe Marusak, Charlotte Observer.
- More Families Join Lawsuit against Calvary Church, The Charlotte Observer, February 11, 2016.
- "ADA Claim That Beat Summary Judgment Gets Noticed Nationwide," by Sylvia Adcock, North Carolina Lawyers Weekly (January 17, 2011)
- 2 families sue Calvary Church, saying children wrongly expelled from center. The Charlotte Observer, January 5, 2016.
- Former NASCAR Crew Member Sues Michael Waltrip Racing, by Glenn Counts, WCNC.
- "Judge Clears Way For Trial in Bank of America Discrimination Suit," Charlotte Business Journal (December 12, 2008) by Will Boye
- Judge Hears Both Sides in Calvary Church Lawsuit, WSOC, May 9, 2016.
- Decision to Demote Jenkins Questioned in Testimony, Statesville Record & Landmark.
- Lawsuit Claims Calvary Church Violated Disability Act, WSOCTV, January 5 2016.
- Testimony: Redmond Knew Deputy Sexually Harassed Victim, Statesville Record & Landmark.
- Paramedic Sues County Over Sexual Harassment Allegations, by Kathryn Burcham, WSOCTV.
- A.G. Edwards Office Hit With $1.25M Claim, by John Downey, Charlotte Business Journal.
- "Unmarried Pregnant Teacher Transferred; Federal Court Allows Her Lawsuit to Proceed" (Jan 14, 2008), Daily Labor Reporter
- Lawsuit Grows Against Calvary Involving Preschool, WBTV, April 26, 2016.
- Both Sides Weigh In On SCOTUS Hobby Lobby Decision, by Audrina Bigos, WCCB.
- With New OT Regs Looming, Lawyers Advise Early Planning
- "Mechanic Talks About Battle with Depression" by Jenna Fryer as reported in Associated Press, Yahoo Sports.com, NBCSports.com, Bleacherreport.com, July 15, 2009.
- Jenkins Fired From Iredell County Sheriff's Office, Statesville Record & Landmark.
- "Discrimination Suit Allowed to Go Forward: School Board Accused of Demoting Teacher Because of Pregnancy" by Kara Lopp (December 30, 2007), Charlotte Observer
- List of Plaintiffs Grow in Lawsuit Against Calvary Church, Apri 26, 2016.
- Woman Suing Sheriff, Deputy for Sexual Harassment, by Torie Wells, WSOCTV.
- Former Pilot Union President Sues Over Vacation Time, by Ely Portillo, The Charlotte Observer.
- As Employers Wise Up, Growth In FLSA Suits Slows, by Jacqueline Bell, Law360.
- "Lawsuit Could Test How North Carolina State Courts Define Disability" by Guy Loranger, North Carolina Lawyers Weekly, June 22, 2009, Also Reported In Foxsports.com
Educational Background:
- University of Illinois College of Law, J.D., magna cum laude, 1998
- Purdue University, B.A in Political Science and History, 1993
Industry Groups
- Federal Bar Association - Labor And Employment Section
- National Employment Lawyers Association
- North Carolina Advocates For Justice
- North Carolina Bar Association Employment Law Executive Committee
- Southern Trial Lawyers Association
- @hodgesreporting dives into this story, check it out here: https://t.co/VkRnUhnsVA These professors and employees… https://t.co/p2nIp2A3Os
- @WBTV_News recently shared about one of our clients, Dr. Maha Gingrich. Dr. Gingrich was a dedicated employee of th… https://t.co/3rvgxc4MTP
- ⚖️ This nun was wrongfully discharged from her position at Charlotte Catholic High and students are petitioning for… https://t.co/5PJmCHZEd8
- Petition · The COMPLETE reversal of Sister Agnes' unjust firing · https://t.co/XihDvXVqmY https://t.co/mTlhbmbjyD
- Estephany Escobar interviews Josh Van Kampen About Employee Rights After Return to Work During Pandemic https://t.co/cGbfNTHAuf
- @WBTV_News recently shared about one of our clients, Dr. Maha Gingrich. Dr. Gingrich was a dedicated employee of th… https://t.co/3rvgxc4MTP
Joshua R. Van Kampen:
Last Updated: 5/4/2020