With three exceptions, notice must be timed to reach the required parties
at least 60 days before a closing or layoff. When the individual employment
separations for a closing or layoff occur on more than one day, the notices
are due to the representative(s), State dislocated worker unit and local government
at least 60 days before each separation. If the workers are not represented,
each worker’s notice is due at least 60 days before that worker’s
separation.
The exception to 60-day notice are:
Faltering Company. This exception, to be narrowly construed, covers
situations where a company has sought new capital or business in order to stay
open and where giving notice would ruin the opportunity to get the new capital
or business, and applies only to plant closings.
Unforeseeable Business Circumstances. This exception applies to closings
and layoffs that are caused by business circumstances that were not reasonable
foreseeable at the time notice would otherwise have been required.
Natural Disasters. This applies where a closing or layoff is the direct
result of a natural disaster, such as a flood, earthquake, drought or storm.