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Continental Airlines was sued by a flight attendant
for failure to notify her of her right to COBRA continuation coverage. The
employee was fired following a fight with a co-worker, which ended when two
first-class passengers physically separated the two women. It was undisputed
that the attendant used a racial epithet and threw an apple at the other
employee, an act that took place in view of passengers boarding the aircraft.
The airline maintained that the flight attendant's actions constituted gross
misconduct and therefore it was not required to give notification of COBRA
continuation coverage. The court agreed, saying that the flight attendant's
actions were far more than negligent conduct, but were intentional and in
flagrant violation of Continental's written rules, demonstrating a substantial
and deliberate indifference to Continental's interests in customer and employee
relations. An employee who is terminated for gross misconduct is not entitled
to continuation coverage under COBRA.
(Nakisa v. Continental Airlines, US Dist Ct, SD
Texas, Dkt No. H-00-090, May 10, 2001) |
