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Worker fired for gross misconduct? No COBRA

10/24/2012

You can’t terminate em­­ployees just because they (or their sick dependents) increase the company’s health insurance costs. That violates ERISA. But remember, if you fire an employee for an unrelated incident of gross misconduct, the employee has no right to an ERISA claim, nor any right to buy COBRA continuing health insurance after he or she departs.

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