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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.

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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. 

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Common Third-Party Administrators

Your COBRA plan may be managed by a third-party administrator. Many employers work with the following:

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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*Eligibility for short term medical insurance is based on age and state availability.

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