How does COBRA define gross misconduct?

The term “gross misconduct” is not specifically defined in COBRA or in regulations under COBRA. Generally, it can be assumed that being fired for most ordinary reasons, such as excessive absences or generally poor performance, does not amount to “gross misconduct.”

Do you have to offer COBRA for gross misconduct?

Under COBRA, an employer does not have to offer COBRA coverage to an employee and their covered dependents if the employee is terminated for “gross misconduct.” Unfortunately, the COBRA statute does not define “gross misconduct,” and court decisions do not provide clear guidance on what that term means.

Can COBRA be denied for misconduct?

Under COBRA, a person who has been terminated for gross misconduct may be denied COBRA. Gross misconduct is not specifically defined by COBRA, but when based on an employer’s practice or policy it could include misrepresentation during the hiring process or falsifying information on a Form I-9.

Are employees terminated for gross misconduct eligible for COBRA?

While employees are eligible for the COBRA subsidy when they are involuntarily terminated, one exception is that employees who are terminated for “gross misconduct” do not qualify for COBRA continuation coverage (and by extension, are ineligible for the COBRA subsidy).

What constitutes gross misconduct when it comes to Cobra?

Gross misconduct may occur if an employee is known as a repeat offender. For example, if an employee knowingly repeats the same offense despite a warning from his employer, COBRA may consider that gross misconduct. Any illegal activity knowingly done by an employee may be viewed as gross misconduct.

What constitutes gross misconduct?

Defining Gross Misconduct. Each state unemployment agency has its own definition of what “gross misconduct” entails, but the term generally refers to severe negligence or willful conduct that that is violent, unlawful or has the potential to severely harm your business. Repeatedly violating office policies may also be considered gross misconduct.

How serious is termination for gross misconduct?

Therefore, the seriousness of termination for gross misconduct usually means the employee can’t come back to work for the employer. For an employee who has been terminated, not being able to return to work for the same employer might not be a serious concern, especially if she finds employment elsewhere.

Does swearing constitute gross misconduct?

While there is no general legal principle that the use of swearing by employees is an act of gross misconduct that would justify instant dismissal, there are certain circumstances where the use of foul and abusive language in the workplace could lead to legal action.