"Courts have generally reasoned that an employer's decision to deny COBRA based on gross misconduct should be evaluated based on evidence available to the employer at the time of the employee's discharge. The U.S. Supreme Court has rejected an employer's use of after-acquired evidence to justify a termination of employment ... [It] is unlikely that a court would allow COBRA coverage to be terminated -- retroactively or going forward -- when gross misconduct is discovered after an employee has elected COBRA. "

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