There are three exceptions to the notice requirement under the Act.
- Faltering company: When a company which is seeking capital reasonably and in good faith believes that notice would prevent the company from obtaining that capital and the capital if obtained, would allow the company to avoid or postpone the shutdown for a reasonable period.
- Unforeseeable business circumstances: When the plant closing ormass layoff is caused by business circumstances that were not reasonably foreseeable at the time that the 60-day notice would have been required.
- Natural disaster: When the plant closing or mass lay off is due to any form of natural disaster.
Almost every state has enacted legislation which prescribes the measures and procedures that must be followed when an employee is laid off from his or her job. This legislation can fall under the umbrella of statutes governing state or public employees and the states’ labor statutes. An employer has a duty to provide notice of any proposed layoff, priority of reemployment, and, sometimes, the right to continued benefits.
