Question:
Can an employer deny an otherwise COBRA eligible individual enrollment based upon the individual’s own gross misconduct?
Answer:
An employer may deny an otherwise eligible individual the opportunity to elect COBRA continuation coverage based on gross misconduct.
- Gross misconduct refers to: violence; threats, vandalism, theft, disregarding policies and procedures, insubordination; impaired work, safety violations, and other unlawful conduct.
- Courts considering whether an employee may be denied COBRA based on gross misconduct typically consider:
- Was the conduct intentional, willful, deliberate or reckless, and was that conduct performed with a conscious or reckless disregard for the consequences?
- Did the conduct have connections or physical presence linking the gross misconduct directly to the employer, a co-worker or a current or former client or customer?
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