Cobra

HollyatSouthEastBank

We terminated an employee in Oct 08 involuntarily? It was due to work performance issues. Do we need to send out another issue of Cobra papers?

NaeNae55

From what I have read, the answer is yes. Some SHRM members in my local community disagree though, and are trying to get clarification. I am certain they will find that the answer is yes. The law says involuntary terms except for gross misconduct, which is basically the same wording as the regular COBRA law. Otherwise, employers might try to get out of this COBRA situation by claiming laid off employees were termed for cause.

System

Nae is correct. Unless an ee is termed for gross misconduct, and it has to be really serious misconduct, he/she is eligible for COBRA.

Sharon

HollyatSouthEastBank

Thanks to both of you!!!!

sonny

Ceridian is managing our notifications. . We do have one ee who was terminated for gross misconduct. .anyone know how the heck you mark that on their inquiry sheet?

System

Sonny,

Is that Ceridian's inquiry sheet or a gov agency's?

Sharon

NaeNae55

Here is some clarification by the IRS (if the word 'clarification' can really apply when you are talking IRS).

[url]http://www.irs.gov/pub/irs-drop/n-09-27.pdf[/url]

The involuntary termination definition starts in the question and answer section on page 5.

Sharon McKnight SPHR

Nae,

Great information!

Sharon