What Is Gross Misconduct?
What does being terminated due to gross misconduct mean?
A widely used definition of “gross misconduct in the workplace” as used in courts is: Acts of gross misconduct are intentional, wanton, willful, deliberate, reckless, or in deliberate indifference to an employer’s interest.
Often, gross misconduct 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 continuing COBRA insurance benefit purposes unless they go beyond simple negligence or incompetence. In some instances, even acts that occur away from the workplace have qualified as gross misconduct.
QUICK CHECK
COBRA Eligibility
Work Events For COBRA Eligibility
An involuntary termination, like getting fired will make you eligible for COBRA Insurance unless there was gross misconduct. Other qualifying events for COBRA such as quitting your job, being laid off or retiring before getting Medicare benefits will trigger a special election period for continuing your insurance.
COBRA Third-Party Administrators
Your COBRA plan may be managed by a third-party administrator. Many employers work with the following:
- ADP COBRA
- BASIC COBRA
- BAS' COBRA Control Services
- BenefitConnect EHR
- BenefitSolver COBRA
- Burnham & Flower
- BRI COBRA (Benefits Resource)
- bswift COBRA
- COBRAPoint Benaissance
- Employee Benefits Corp (EBC)
- Lifetime Benefit Solutions
- Navia Benefit Solutions
- Optum Financial
- Paychex
- Payflex
- Paycom COBRA
- PlanSource
- Total Administrative Service Corporation (TASC)
- WageWorks / Conexis
- WEX (formerly Discovery Benefits)
If you are unsure who your plan administrator is, reach out to the human resources department of the company that provided the health insurance you had.
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