Gross Misconduct for COBRA

mjs

What is the definition of "gross misconduct" when denying COBRA benefits for a terminated employee?
Thanks.

POPEYE

The last Cobra Alert Reference Manual I have dated
02/20/2003 states:
Gross Misconduct -

1. Applies to involuntary termination only
2. No clear federal definition
3. Decided in court on a case by case basis

That is the same terminology I have seen since Cobra inception in '86. While there have been several terminations I would have considered Gross Misconduct, our TPA has never refused to offer coverage.

irenesmsaclaims

The general interpretation historically seems to come down to something which would be illegal, but the previous poster is correct, there has been no definitive clarification for this.

System

You don't hear much about this, but I remember a good article in the Subscribers Area of HRhero.com: "How 'gross' must misconduct be to cut off COBRA coverage?" West Virginia Employment Law Letter, September 2003.

Here are some of the examples of gross misconduct from the article:

A flight attendant was fired after making racial slurs at a co-worker and throwing an apple at her as passengers were boarding the plane.

A supervisor had a relationship with a female co-worker and beat her so severely that she was hospitalized for five days.

A bank loan officer was fired for the unauthorized use of a corporate credit card and for misrepresenting the status of two commercial loans to a borrower who had defaulted.

A grocery store employee used stolen promotional coupons to obtain 28 free turkeys from the employer's stores.

An employee mishandled the employer's funds.

Hope this helps.

James Sokolowski
HRhero.com