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misconduct versus gross misconduct

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W

wing&aprayer

Guest
What is the name of your state? n.y.
can you explain the difference between the terms misconduct and gross misconduct?

what effect does each have on employees recieiving benefits post employment?
 


Beth3

Senior Member
There is no specific legal definition of gross misconduct, which is referenced in COBRA regulations. The legislature apparently saw fit to let the courts determine that and gave employers no guidelines. Nice. :rolleyes:

Given the lawsuits that did indeed ensue when an employer refused to offer COBRA to departing employees who they felt had been terminated for "gross misconduct," I can tell you that the courts have interpreted that phrase very narrowly. The rule of thumb I and all other HR people I know now use in making this differentiation is that if the person has been fired for a reason that could result in criminal charges (assault, fraud, theft, etc.), that is gross misconduct and COBRA continuation is not offered.

Does that answer your question?
 

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