We are not COBRA. For specific contract details about your current company policy, contact your health plan administrator.
Re: definition of gross misconduct?
In Reply to: definition of gross misconduct? posted by jerryU on August 05, 2006 at 05:17:43:
When an employee is terminated for "gross misconduct," the employee, covered spouse and dependent children are not entitled to COBRA benefits because no qualifying event has occurred. COBRA legislation does not define the term "gross misconduct," and courts have not agreed on when it is proper to apply this exception to the COBRA rules. Employers who terminate workers for gross misconduct may run the risk of being sued for wrongfully denying COBRA benefits.
What is the definition of "gross misconduct"?
Although illegal or dangerous acts committed in the workplace are likely to qualify as gross misconduct, the acts need not be criminal or otherwise unlawful in nature. In some instances, even acts that occur away from the workplace have qualified as gross misconduct. A definition widely used by the courts goes something like this: Acts of gross misconduct are intentional, wanton, willful, deliberate, reckless, or in deliberate indifference to an employer's interest. Often, acts that will prompt an employer to terminate an employee are those done in deliberate violation of the employer's known standards. However, those acts may not constitute gross misconduct for COBRA purposes unless they go beyond simple negligence or incompetence.
Terminations for gross misconduct, by their nature, run a high risk of being challenged in the courts. If a terminated employee successfully sues for denial of COBRA benefits and the act for which he was fired is ruled not to be gross misconduct, the employer may be liable for ERISA penalties, IRS taxes, medical expenses, courts costs and attorney's fees.
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: What is the definition of gross misconduct?
: JU