Question of the Week

Posted by BAS - 17 July, 2014

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Q.-  We terminated an employee because he was not performing his job well, and his coworkers did not like working with him.  He was covered under our health plan at the time of his termination.  Do we have to offer him the right to continue health coverage under COBRA?  We don’t think we should since we fired him, and he wasn’t performing well. 

A.-  If your organization is subject to COBRA (20 or more employees), you should give him a COBRA election.  If his termination was not a result of gross misconduct, he would be entitled to the right to continue his coverage under COBRA.

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