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When an employee is terminated due to “gross misconduct,” the termination is not considered a qualifying event, and an employer does not have to offer Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage to the ex-employee (or his or her covered spouse or dependents). Neither the statute, legislative history, nor regulations specifically define the term “gross […]
A recent court opinion from the 9th Circuit U.S. Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—highlights the perils of not offering Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage to a former employee on the basis that the employee was terminated due to gross misconduct.
An employer provided enough evidence raising questions of a former employee’s possible gross misconduct to ward off her summary judgment motion regarding a COBRA notice claim. The employer noted the individual had committed gross misconduct by quitting the job without notice, refusing to follow supervisor instructions and initially lying about why she left work early […]