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… willing and able to continue performing services. All of the following were considered an involuntary termination of employment: Layoffs and reductions in force Failure to renew a contract Termination for cause Employer’s action to end employment when an employee cannot work due to illness or disability Employee resignation as the result of an employer-initiated change in work location The involuntary termination of employment does not need to be related to COVID. If the involuntary termination of employment was for gross misconduct, the individual was never eligible for COBRA and therefore not eligible for the COBRA subsidy either …

… of involuntary terminations according to the 2009 guidance: Layoffs and reductions in force; Failure to renew a contract; Termination for cause; Employer’s action to end an employment when the employee cannot work due to illness or disability; and Employee resignation as the result of employer-initiated change in work location Gross Misconduct If the involuntary termination of employment was for gross misconduct, the individual is not a COBRA qualified beneficiary. In other words, termination of employment due to gross misconduct is not a COBRA qualifying event. Therefore, an employee terminated due to gross misconduct would not be eligible for …