The Vermont Statutes Online
The Statutes below include the actions of the 2025 session of the General Assembly.
NOTE: The Vermont Statutes Online is an unofficial copy of the Vermont Statutes Annotated that is provided as a convenience.
Subchapter
003A
:
NOTICE OF POTENTIAL LAYOFFS ACT
(Cite as: 21 V.S.A. § 414)
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§ 414. Exceptions
(a) In the case of a business closing or mass layoff, an employer is not required to comply
with the notice requirement in section 413 of this subchapter and may delay notification
to the Department if:
(1) the business closing or mass layoff results from a strike or a lockout;
(2) the employer is actively attempting to secure capital or investments in order to avoid
closing or mass layoffs; and the capital or investments sought, if obtained, would
have enabled the employer to avoid or postpone the business closing or mass layoff,
and the employer reasonably and in good faith believed that giving the notice would
have precluded the employer from securing the needed capital or investment;
(3) the business closing or mass layoff is caused by business circumstances that were
not reasonably foreseeable at the time the 45-day notice would have been required;
(4) the business closing or mass layoff is due to a disaster beyond the control of the
employer; or
(5)(A) the business closing or the mass layoff is the result of the conclusion of seasonal
employment or the completion of a particular project or undertaking; or
(B) the affected employees were hired with the understanding that their employment was
limited to the duration of the season, facility, project, or undertaking.
(b) An employer that is unable to provide the notice otherwise required by this subchapter
as a result of circumstances described in subsection (a) of this section shall provide
as much notice as is practicable and at that time shall provide a brief statement
to the Commissioner regarding the basis for failure to meet the notification period.
In such situations, the mailing of the notice by certified mail or any other method
approved by the Commissioner shall be considered acceptable in the fulfillment of
the employer’s obligation to give notice to each affected employee under this subchapter.
At the time of notice to the Commissioner, the employer shall provide the required
information under subsection 413(c) of this subchapter. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015.)