Vermont § 414 - Exceptions

§ 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.)