A Hyundai dealership worker’s firing over “time theft” amounted to gross misconduct that foreclosed continued healthcare coverage under COBRA, a Missouri federal judge said, addressing an issue with a “dearth” of legal precedent.
Clement Auto Group LLC, which operates Clement Hyundai, terminated Byron Green after it found discrepancies in his time card showing he was working during periods when he was on intermittent medical leave for cancer treatments. The company said that gross misconduct meant it didn’t have to notify Green about COBRA benefits or provide them.
Gross misconduct isn’t defined in the Consolidated Omnibus Budget Reconciliation Act or its ...