What Gross Misconduct Means for COBRA Coverage
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 when actions are taken 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.
Examples of Gross Misconduct
- Workplace violence: Physical assault or credible threats against coworkers or supervisors.
- Theft or fraud: Stealing company property, falsifying records, or misusing funds.
- Substance abuse at work: Being intoxicated or using illegal drugs while on duty.
- Harassment or discrimination: Severe or repeated violations of workplace harassment policies.
- Serious safety violations: Deliberate disregard for known safety rules that puts others at risk.