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I was recently fired from a job. They are saying COBRA has…

Hello. I was recently fired from...
Hello.
I was recently fired from a job. They are saying COBRA has determined I am not eligible to apply for benefits.
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Answered in 5 minutes by:
3/30/2017
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,013
Experience: Exclusively practice labor and employment law.
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According to COBRA coverage rules, if an employee is terminated from employment due to “gross misconduct” then the employer has the right to deny COBRA coverage for the employee and his or her family. The definition of “gross misconduct” in the COBRA context, however, must be carefully considered – it must be sufficiently intentional deliberate and extreme to warrant denying COBRA. Not following classroom protocol generally would not be sufficient. If they continue to deny you COBRA, consider filing a complaint with the Department of Labor, by calling(###) ###-####

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Customer reply replied 1 year ago
That clarifies some of my question.
Who determines whether I am eligible or not? My employer says COBRA determines this

Your employer is not being completely honest with you. The health insurance company (i.e., the "plan") would be the one administering your COBRA coverage. COBRA is a law - its not a person or company - which allows for you to maintain employer coverage after termination, assuming you weren't terminated for gross misconduct. The health insurance company would have no reason to know or even care why you were terminated. Your employer submitted to them that you committed gross misconduct. This is why the health insurance company ('the plan") is now rejecting your COBRA coverage. You probably also have an appeal process you must follow with the plan. Be sure to closely read the documents they sent you with appeal rights.

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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,013
Experience: Exclusively practice labor and employment law.
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