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Vermont Severance Laws — Updated 2026

Vermont Severance Rights: Strong WARN Protections & Non-Compete Restrictions

Vermont offers meaningful WARN Act protections and significant restrictions on non-compete agreements. Learn how to leverage these employee-friendly laws in your severance negotiation.

Severance Mandated?

No — But Negotiable

Non-Competes

Restricted

State WARN Act

Yes — 45 days

Typical Severance

1-2 weeks per year of service

Vermont Employment Laws That Affect Your Severance

Understanding these VT-specific protections is the first step to negotiating a better package.

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Vermont WARN Act (50 Employees)

High Leverage

Employers with 50+ employees must give 45 days' notice before mass layoffs. Violations can entitle you to 10 days of severance — a direct payment on top of any negotiated package.

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Non-Compete Ban for Sub-$100K Earners (Effective July 2025)

High Leverage

Employees earning under $100,000 per year cannot be subject to enforceable non-compete agreements. This ban is a major shift giving workers significant leverage in negotiations.

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Non-Compete Restrictions for Higher Earners

Moderate Leverage

For employees earning $100,000+, non-competes must be reasonable in duration, geographic scope, and restrictions. Vermont courts scrutinize these agreements.

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OWBPA Protections (40+)

High Leverage

Workers 40 and over get 21 days to review severance agreements (45 days for group layoffs) and 7 days to revoke. This is a federal baseline all Vermont employers must follow.

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Whistleblower Protections

Moderate Leverage

Vermont protects employees who report safety violations, wage violations, or other illegal conduct. Severance agreements cannot waive your right to report to government agencies.

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Public Policy Exceptions

Context

Vermont workers cannot be fired for serving on a jury, voting, or fulfilling other civic duties. These exceptions limit an employer's at-will authority.

WARN Act: Vermont vs. Federal

VT WARNFederal WARN
Employer Threshold50 employees100 employees
Notice Required45 days60 days

Key insight: Vermont's WARN Act is significantly stronger than federal law: it covers employers with 50+ employees (vs. 100 federal) and requires 45 days' notice. Violations entitle you to up to 10 days of severance on top of any negotiated package.

Non-Compete Agreements in Vermont

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Non-Competes Are Heavily Scrutinized

Vermont restricts non-compete agreements, with a major shift in July 2025: non-competes are banned for employees earning under $100,000 per year. For higher earners, agreements must be reasonable in time, scope, and geography.

Your Vermont Advantage

State WARN Act applies to employers with just 50 employees — more coverage than federal law

Non-competes are banned outright for employees earning under $100,000 (effective July 2025)

WARN violations automatically entitle you to 10 days of severance

Whistleblower protections cannot be waived in severance agreements

Red Flags in VT Severance Agreements

If your severance agreement includes any of these, you should not sign without further review.

Non-compete clauses for sub-$100K earners (banned as of July 2025)

Severance timelines shorter than 45 days after mass layoff (potential WARN violation)

Waiver of whistleblower rights or government reporting obligations

Rushed signing deadlines for workers 40+ (OWBPA violation)

Overly broad non-competes even for $100K+ earners

Find Out What Your VT Severance Is Really Worth

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Vermont Severance FAQ

Is severance pay required in Vermont?
No. Vermont does not mandate severance pay. However, if your employer is subject to Vermont WARN and violated it, you may be entitled to 10 days of severance automatically. For all workers, severance is negotiable in exchange for a release of claims.
What changed with the non-compete ban in July 2025?
Effective July 2025, Vermont bans non-compete agreements for employees earning under $100,000 per year. If you fall into this category, any non-compete clause is unenforceable — giving you major leverage to eliminate or reduce its restrictions in your severance negotiation.
What is Vermont WARN and how does it differ from federal WARN?
Vermont WARN requires 45 days' notice for employers with 50+ employees planning mass layoffs. Federal WARN applies to companies with 100+ employees. If your employer has 50-99 employees and didn't give 45 days' notice, you may have a Vermont WARN claim worth 10 days of severance.
Can I negotiate away a non-compete even if I earn over $100,000?
Yes. Even for higher earners, non-competes must be reasonable in time, scope, and geography. Vermont courts are skeptical of broad restrictions. Use this to negotiate more favorable terms or ask your employer to remove the clause entirely.

Disclaimer: SeveranceIQ is an educational technology tool, not a law firm. The information on this page about Vermont employment laws is for general educational purposes only and does not constitute legal advice. Laws change frequently. For advice about your specific situation, consult a licensed Vermont employment attorney. Full disclaimer