In episode 113 Coffey talks with Brad Howard about the unemployment compensation system and how employers can mitigate the risk of litigation arising from unemployment claims. They discuss the purpose of the unemployment compensation system; the ways employers can avoid common headaches caused by unemployment comp claims; determining when to oppose unemployment comp claims; the importance of accurate and consistent documentation; the impact of resignation in lieu of termination on claim decisions; when an unemployment claim may lead to litigation and how best to prepare for those situations; and how to best prepare for unemployment comp hearings.

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Brad Howard

Brad Howard

Bradley W. Howard is a litigator with an emphasis in health and employment law and he is a shareholder and director in the firm. Brad began his work as a trial attorney in Albuquerque. For two years he focused on commercial litigation at Hinkle, Cox, Eaton, Coffield & Hensley. He then joined Burg & Eldredge, P.C., a Denver based firm, where he prepared and tried numerous lawsuits. At Brown & Fortunato, Brad continues his work in litigation, focusing on health and employment law. Brad handles governmental investigations, business disputes, and litigation involving health care providers including DME companies, home health agencies, pharmacies, and hospitals. Brad is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. Brad counsels companies on business and contract issues, employee situations including terminations, and risk mitigation strategies. In summary, Brad serves as a legal problem solver and is regarded by many clients as their outside General Counsel. Brad routinely handles health care investigations by the Department of Justice, the OIG, various boards of pharmacy, the Department of Defense, and other regulators. Brad is active in many trade organizations, including the American Health Lawyers Association, the New Mexico Health Law Section Board of Directors, the Society for Human Resource Management (SHRM), the Amarillo Area Bar Association, and the Panhandle Human Resources Association. Brad grew up in Texas and considers it home, but he works with clients around the country. Brad received his B.A. from Texas Tech University in 1988, graduating summa cum laude. After college, Brad continued his education at the University of Texas School of Law. He wrote for the American Journal of Criminal Law and enjoyed success in mock trial. He received his J.D. in 1991 and is admitted to practice law in Texas, New Mexico, Iowa, Colorado, and Oklahoma. Brad and his wife, Nicole, have four children and three grandchildren. Brad enjoys running, fly-fishing and most of all spending time with his family.

1 Comment

  1. Laura Rappe

    Thank you for covering this topic! It’s amazing how many leadership members I’ve dealt with that believe they can fire at will with no repercussion because Texas is an at-will employment state.


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