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| When would a termination be considered a "gross misconduct"? |
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Q: I was discharged by my employer over 30 days ago and have not received any information regarding COBRA. My question is, my employer is claiming that I was discharged due to "misconduct" caused by a failure to notify of absences. . Would the cause of my termination as describe above be defined as GROSS MISCONDUCT or am I eligible for benefits and able to submit a complaint for not being notified.
A: Although illegal or dangerous acts committed in the workplace are likely to qualify as gross misconduct, the acts need not be criminal or otherwise unlawful in nature. In some instances, even acts that occur away from the workplace have qualified as gross misconduct. A definition widely used by the courts goes something like this: Acts of gross misconduct are intentional, wanton, willful, deliberate, reckless, or in deliberate indifference to an employer's interest. Often, acts that 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 COBRA purposes unless they go beyond simple negligence or incompetence.
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