Vermont § 415 - Violations

§ 415. Violations

• (a) An employer who violates subsection 413(b) or 414(b) of this subchapter is liable
  to each employee who lost employment for: (1) one day of severance pay for each day after the first day in the 45-day notice period
  required in subsection 413(b) of this subchapter, up to a maximum of ten days’ severance
  pay; and (2) the continuation, not to exceed one month after an employment loss, of existing medical
  or dental coverage under an employment benefit plan, if any, necessary to cover any
  delay in an employee’s eligibility for obtaining alternative coverage resulting directly
  from the employer’s violation of notice requirements. (b) The amount of an employer’s liability under subsection (a) of this section shall be
  reduced by the following: (1) any voluntary and unconditional payments made by the employer to the employee that
  were not required to satisfy any legal obligation; (2) any payments by the employer to a third party or trustee, such as premiums for health
  benefits or payments to a defined contribution pension plan, on behalf of and attributable
  to the employee for the period of the violation; and (3) any liability paid by the employer under any applicable federal law governing notification
  of mass layoffs, business closings, or relocations. (c) If an employer proves to the satisfaction of the Commissioner that the act or omission
  that violated this subchapter was in good faith, the Commissioner may reduce the amount
  of liability provided for in this section. In determining the amount of such a reduction,
  the Commissioner shall consider any efforts by the employer to mitigate the violation. (d) If, after an administrative hearing, the Commissioner determines that an employer
  has violated any of the requirements of this subchapter, the Commissioner shall issue
  an order including any penalties assessed by the Commissioner under this section and
  section 417 of this subchapter. The employer may appeal a decision of the Commissioner
  to the Superior Court within 30 days after the date of the Commissioner’s order. (Added 2013, No. 125 (Adj. Sess.), § 2, eff. Jan. 15, 2015; amended 2023, No. 85 (Adj. Sess.), § 94, eff. July 1, 2024.)