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Q: According to my ex-employer I was terminated for "misconduct" and they even refused my unemployment benefits. The Unemployment Dept after the hearing determined that they had no grounds of wrongful/misconduct act and the reversed the decision and I am getting Unemplyement benefits. Thye are refusing now to offer me my COBRA what should I do? and how much more time do I have?
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.. 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. If the unemployment board determined you should not have been fired for gross misconduct and your previous employer will not provide you with the paperwork, then you should report them to the US Department of Labor at 1-866-487-2365.
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