Determining Employee "Evil Design"
Effective Use of the COBRA Gross Misconduct Exception
Empowering you with the knowledge and tools needed to safely wield the gross misconduct exception while protecting the company and your personal liability.
Protect Yourself with the IRS & Stay in Compliance
In Matt’s live streamed webcast, your gross misconduct questions will be answered immediately on air. In addition, you will receive three months of free, unlimited telephone and e-mail support for followup questions or concerns. Employers have successfully used the COBRA gross misconduct exception for years and the federal courts have given clear direction on the steps involved in making a decision. And yet we hear this: “ there is no definition so we offer COBRA to everyone” So when the employee embezzles $10,000 from the company you are going to offer? When an employee brings a firearm to the workplace you are going to offer? If these type of actions occur (and they do), the employer who has not prepared in this area of COBRA will be left scrambling. That is when poor decisions are made, that is some cases lead to lawsuits. By attending this webcast you will learn what the company and you need to know when making this important and critical decision.
- The gross misconduct exception is a valuable risk management tool that helps control costs, claims and unfunded liability!
- “Evil Design” - is it intentional design on the part of the employee, unintentional design, or could it be either!
- The “Gross Misconduct Decision Tree” - including the FOUR criteria used by federal courts
- Your personal liability and how to protect yourself from getting named as a defendant!
- Complete examination of the legal and “street level” aspects of COBRA denial!
- Impact on the covered spouse and dependents!
- The pitfalls of emotional decision making, or stretching the facts to fit the exception!
- 2016 Federal Court case review
- Notification process once the determination has been made
- Appeals Process - the required steps to proper adjudication
- Financial impact of offering COBRA when it should be denied!
- Impact on unemployment compensation decisions when COBRA is offered!
- Writing the required company policy on gross misconduct!