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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About our Guest:
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.
Brad Howard can be reached at:
https://www.linkedin.com/in/bradley-howard-3a172315 About Mike Coffey:
Mike Coffey is an entrepreneur, human resources professional, licensed private investigator, and HR consultant.
In 1999, he founded
Imperative, a background investigations firm helping risk-averse companies make well-informed decisions about the people they involve in their business.
Today, Imperative serves hundreds of businesses across the US and, through its
PFC Caregiver & Household Screening brand, many more private estates, family offices, and personal service agencies.
Mike has been recognized as an
Entrepreneur of Excellence and has twice been named
HR Professional of the Year.
Additionally, Imperative has been named the
Texas Association of Business’ small business of the year and is accredited by the
Professional Background Screening Association.
Mike is a member of the
Fort Worth chapter of the
Entrepreneurs’ Organization and volunteers with the
SHRM Texas State Council.
Mike maintains his certification as a Senior Professional in Human Resources (SPHR) through the
HR Certification Institute. He is also a
SHRM Senior Certified Professional (SHRM-SCP).
Mike lives in Fort Worth with his very patient wife. He practices yoga and maintains a keto diet, about both of which he will gladly tell you way more than you want to know.
Learning Objectives:
1. Understand the purpose and challenges of the unemployment compensation system.
2. Identify scenarios that can lead to litigation in unemployment claims.
3. Learn best practices and considerations for employers when dealing with unemployment compensation.