Not offering COBRA
Our company let an employee go due to this person trying to persuade another employee to take a job elsewhere. It was stated on the termination letter that the behavior was considered gross misconduct due to the fact that if the employee who was being persuaded had taken the job then it would have been detrimental to the company. The company is not wanting to offer this employee COBRA benefits based on "gross misconduct". I feel that it would be best to offer the COBRA since this could get us into a legal situation since different courts have defined "gross misconduct" in many different ways. A point was brought to my attention that if unemployment benefits were denied to this individual we would not have to offer COBRA, however, if fighting an unemployment claim takes the full amount of time with disputing back and forth the COBRA notice period would have lapsed.... Please share your thoughts.