Unemployment Insurance Law Summaries
Vermont, Unemployment Insurance Law Summaries
Vermont's unemployment insurance law is located in the Vermont Statutes Annotated, Revision 1959 (1978 Replacement), Title 21, Chapter 17, Secs. 1301 to 1461, as amended (the full text of the law is available beginning at Unemployment Insurance Reports UI-VT ¶4001 ); and in the Rules of the Vermont Employment Security Board under the Vermont Unemployment Compensation Law, Sec. 23 010 001 of the Code of Vermont Rules.
DEFINITIONS
“Employer” means one who pays $1,500 or more in any calendar quarter in either the current or preceding calendar year, or employs at least one individual for some portion of a day in each of 20 weeks in either the current or preceding calendar year. Generally, an employer subject to the FUTA is automatically subject to the Vermont law.
“Employment” means service within the jurisdiction of the state, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, expressed or implied, with exceptions listed below.
Service performed for wages constitutes “employment ” unless and until it is shown that the individual is:
free from control or direction;
performing such service outside usual course of employer's business or outside all places of employer's business; and
customarily engaged in independently established trade, occupation, profession or business.
Generally, employment subject to the FUTA is also subject to the Vermont law.
“Wages” means all remuneration paid for personal services, including commissions and bonuses and cash value of all remuneration in any medium other than cash. Gratuities customarily received in course of work from persons other than employer and reported to employer are wages (tips reported by employee for federal social security purposes are considered in determining wages). If the FUTA is amended to no longer exclude from “wages” any payment that is excluded under the Vermont law, such payments will become subject to tax under the Vermont law at the same time. “Wages” does not include the following:
Remuneration over $8,000 paid by employer to an individual during any calendar year with respect to employment. Wages for services in another state and wages paid by employer's predecessor may be included in the first $8,000. Amount will be increased if federal taxable wage base is increased to an amount over Vermont's limit.
Other exceptions from wages are listed below.
COVERAGE
Generally, employment subject to the FUTA is also subject to the Vermont law.
Covered employment means service within the jurisdiction of the state, including service in interstate commerce, performed for wages or under any contract of hire, written or oral, expressed or implied, with exceptions listed below.
Service performed for wages constitutes “employment ” unless and until it is shown that the individual is:
free from control or direction;
performing such service outside usual course of employer's business or outside all places of employer's business; and
customarily engaged in independently established trade, occupation, profession or business.
Agricultural and domestic employers.- Services performed in agricultural labor for an employer who employs 10 or more workers in such service in 20 weeks in either the current or preceding calendar year or pays cash remuneration of $20,000 or more for such services in any quarter of the current or preceding calendar year are covered. Service performed by certain aliens is included as covered employment. When agricultural labor is supplied by a crew leader, the employing unit for which the services are performed is the employer of the crew members unless the crew leader is registered under the Farm Labor Contractor Registration Act of 1963, or substantially all of the crew members operate or maintain certain equipment that is provided by the crew leader. In either of these instances, the crew leader is the employer.
Domestic service.- Domestic service in a private home, local college club or local chapter of a college fraternity or sorority is covered if performed for a person who paid cash remuneration of $1,000 or more for such service in any quarter of the current or preceding calendar year.
Government and nonprofit employers.- Mandatory coverage is required for tax-exempt nonprofit organizations employing four or more individuals for some portion of a day in each of 20 weeks in either the current or preceding calendar year.
All services for the state and its political subdivisions are covered, with the exceptions noted below.
Nonprofit organizations may finance the payment of benefits by the regular contributions method or the reimbursement method. The state of Vermont, including state hospitals, must use the reimbursement method. Any municipality, state institution of higher education or political or governmental subdivision has the option of paying contributions or using the reimbursement method.
Nonprofit organizations and state governmental entities have a choice of one of the following reimbursement methods:
payments equal to the full amount of regular benefits plus
(full amount for governmental entities) the extended benefits paid to claimants, or
a variable percentage based on total payroll.
Under (b), employers are subject to a year-end adjustment to reflect actual benefit costs. Bills must be paid not later than 30 days after mailing.
EXCEPTIONS
Wages.- Term “wages” does not include the following:
Remuneration over $8,000 paid by employer to an individual during any calendar year with respect to employment. Wages for services in another state and wages paid by employer's predecessor may be included in the first $8,000. Amount will be increased if federal taxable wage base is increased to an amount over Vermont's limit.
Payments to employee or his or her dependents under plan or system established on account of sickness or accident disability (if paid under a workers' compensation law), etc.
Certain other retirement payments.
Payments for sickness or accident disability made over six months after separation.
Payments from, to, or under trust or annuity plan exempt from federal income tax.
Payments of “back pay” pursuant to NLRB order.
Payments of “liquidated damages” under Fair Labor Standards Act.
Payments made voluntarily and without contractual obligation to or on behalf of person serving in armed forces.
National Guard and Organized Reserve drill pay, including longevity pay and allowances, received from federal government.
Employment.- The term “employment” does not include the following:
Casual labor, i.e., service not in the course of the employer's trade or business performed in any calendar quarter by an employee, unless the cash remuneration paid for the service is $50 or more and the service is performed by an individual who is regularly employed by the employer to perform the service. “Regularly employed” means that the service was performed on at least 24 days during the quarter or on at least 24 days during the preceding quarter. Services performed for a corporation do not come within the exception.
Fishing and farming of fish, crustacea, sponges, seaweeds and other forms of aquatic animal and vegetable life, except (a) salmon and halibut fishing for commercial purposes, and (b) service on vessels of more than 10 net tons engaged in such activities.
Full-time students employed in certain organized camps.
Maritime employees on other than American vessels; also maritime employees on American vessels if operating office is outside Vermont.
Organizations exempt from federal income tax, with respect to service performed in calendar quarter if remuneration is less than $50.
Railroad employees covered by Railroad Unemployment Insurance Act.
Relatives, i.e., service performed by individual in employ of son, daughter, or spouse, or by child under 18 in employ of parent, or service by one member of family to another where relation of employer and employee does not exist under general law.
Service covered by federal unemployment compensation system providing for payment of benefits.
Service for school, college or university by student in regular attendance, or by spouse of that student if spouse's employment is under program of assistance to the student.
Service by student under 18 enrolled at nonprofit or public educational institution in full-time work-study program. Exemption not applicable if program established for employer or group of employers.
Service for a hospital by a patient of the hospital.
Insurance agent or insurance solicitor paid solely on a commission basis.
Salesperson, agent or solicitor required to be registered or licensed under state law and who is an independent contractor under common law rules and is paid solely on a commission basis.
Timber workers engaged in harvesting of timber or transportation of timber to market and stone artisans engaged in services, including but not limited to sculpting, etching, or carving quarried stone when individual (a) is free from control or direction over the performance of his or her services, both under the contract of service and in fact; and (b) is customarily engaged in an independently established trade, occupation, profession or business; and (c) furnishes substantially all equipment, tools and supplies necessary to carry out his or her contractual obligations.
Direct sellers of consumer products (including services and other intangibles) from a home or location that is not a permanent retail establishment if the substantial portion of the seller's renumeration is related to sales (rather than hours worked); and the seller is working under a contract that states that the seller will not be treated as an employee for federal or state tax purposes.
Government and nonprofit employers.- Mandatory coverage is required for tax-exempt nonprofit organizations employing four or more individuals for some portion of a day in each of 20 weeks in either the current or preceding calendar year.
All services for the state and its political subdivisions are covered, with the exceptions noted below.
Services for the state and nonprofit organizations do not include the following:
Church or organization operated primarily for religious purposes and which is controlled by a church.
Religious duties of a minister or member of a religious order.
Patients performing services in a rehabilitation facility or sheltered workshop.
Individuals receiving unemployment work-relief or work-training under program financed by federal agency, or an agency of a state or political subdivision.
Inmates of a custodial or penal institution.
(a) Elected officials, (b) members of a legislative body or the judiciary, (c) members of State National Guard or Air National Guard, (d) employees serving on temporary basis in case of fire, storm, snow, earthquake, flood or similar emergency, and (e) individuals serving in certain major nontenured policymaking or advisory positions.
PROCEDURES
Base period.- The period made up of the first four of the most recently completed five calendar quarters immediately preceding the first day of the benefit year; for any individual failing to meet eligibility requirements using this base period, the Commissioner will make a redetermination of entitlement based on a base period consisting of the four quarters immediately preceding the first day of the benefit year; and for any individual failing to meet eligibility requirements using either of these base periods, the Commissioner will make a redetermination of entitlement based on a base period consisting of the last three completed quarters and all wages paid prior to the effective date of the claimant's initial claim in the calendar quarter in which the claim was filed.
Benefit year.- One-year period beginning with first day of first week for which valid claim is filed.
Weekly benefit amount.- The weekly benefit amount is determined by dividing the claimant's total wages in the two high quarters of the base period by 45, but may not exceed the maximum weekly benefit amount. The maximum weekly benefit amount will be adjusted by a percentage equal to the percentage change during the preceding calendar year in the state average weekly wage; no increase in maximum will be made if any federal advances remain unpaid. The maximum weekly benefit amount beginning July 6, 2008, is $425.
A claimant's partial benefit is the result obtained by deducting from his or her weekly benefit amount his or her wages for a week of less than full time work (wages include only that amount of remuneration that is in excess of 30 percent of the individual's weekly benefit amount or $40, whichever amount is higher).
Maximum total benefits.- 26 times weekly benefit amount, plus, during periods of high unemployment, extended benefits at regular weekly benefit amount.
Benefit eligibility: Requirements.-
able and available, but claimant not deemed ineligible because of illness or injury occurring after registration for work if no suitable work offered after the beginning of such illness or injury;
wages of at least $1,000 in subject employment in a quarter of his or her base period, plus additional wages equaling or exceeding 40% of the total wages paid in his or her high quarter and wages subsequent to the beginning of his or her most recent benefit year that equal or exceed four times his or her weekly benefit amount for the prior benefit year; and
participate in reemployment services, such as job search assistance, if necessary.
The minimum quarterly wage requirement of $1,000 will be adjusted by a percentage increase equal to the percentage increase, if any, in the state minimum wage effective during the prior calendar year.
Notwithstanding availability requirement and disqualification for refusal of suitable work, individual in approved training course or program will not be denied benefits while attending and making satisfactory progress in such training.
Benefits are not payable during periods between academic years or terms or during vacation periods or holiday recesses based on services performed in an instructional, research or administrative capacity for an educational institution if there is a contract or reasonable assurance of reemployment in the second period.
Benefits are not payable during periods between academic years or terms or during vacation periods or holiday recesses based on nonprofessional services for an educational institution if there is reasonable assurance of reemployment in the second period. Retroactive payments of benefits may be claimed if there is no offer of reemployment in the second period.
A disqualification similar to the two above applies to individuals working in an educational institution while employed by an educational service agency.
Benefits are not payable to professional athletes for periods between sport seasons if there is a reasonable assurance that the individual will perform services in both such seasons.
Benefits are not payable to an alien unless he or she has been lawfully admitted for permanent residence, is lawfully present in the U.S. to perform services, or is otherwise permanently residing in the United States under color of law.
An individual is ineligible for benefits if self-employed or engaged in self-employment to the extent that the individual is unavailable for work.
Disqualifications-Period:
Discharge for misconduct-Six to 12 weeks; discharge for gross misconduct-until claimant has returned to work and earned wages in excess of six times his or her weekly benefit amount. Only one disqualification per separation.
Inability to perform all or an essential part of his or her normal duties without good cause attributable to the employer because of the consequences that flow from his or her being found guilty of a felony or misdemeanor-six to 12 weeks.
Voluntary leaving without good cause (except by reason of a health condition that precludes employment)-until claimant has returned to work and earned wages in excess of six times his or her weekly benefit amount. Only one disqualification per separation.
Refusal of suitable work (including making verbal statements during the course of a job interview that are either untrue, show an unreasonable lack of interest or are calculated to preclude an offer of work)-until claimant has returned to work and earned wages in excess of six times his or her weekly benefit amount. Only one disqualification per separation.
Labor dispute other than lockout-duration.
Receipt of wages in lieu of notice, vacation pay, holiday pay, back pay award or settlement, or workers' compensation for temporary partial disability-benefits reduced by amount thereof.
Receipt of cash severance payment unless and to the extent that the paying employer elects to treat it as nondisqualifying or unless it is paid in accordance with a work agreement-benefits reduced by amount thereof.
Receipt of governmental or other pension, retirement or retired pay, annuity or other similar periodic payment based on individual's previous work reduction in weekly benefit amount by
entire prorated weekly amount of the pension if no contributions were made to the plan by the individual,
no part of the pension if the entire contributions to the plan were provided by the individual or by the individual and an employer, or
no part of the pension if the services performed by the individual during the base period (or remuneration received for the services) for the employer did not affect the individual's eligibility for or the amount of the pension.
Receipt of unemployment benefits under another state or federal law-period for which payment received.
Fraudulent statement or nondisclosure concerning earnings -disqualified until benefits received are either recovered or withheld from future benefits, and claimant further disqualified for additional weeks up to 26, but no benefits may be withheld after three years from the date of the determination of misrepresentation or nondisclosure.
WHAT THE EMPLOYER MUST DO
Pay the standard rate.- 5.4%. New employer pays the tax rate for its industry classification under the North American Industrial Classification System. Beginning 7/1/2008, these rates are: 1.0% for all in-state new employers, 3.0% for employers involved in the construction of buildings (NAICS Code 236), 5.4% for employers involved in heavy and civil engineering construction (NAICS Code 237), and 3.9% for specialty trade contractors (NAICS Code 238). Maximum possible rate is 7.7%. Minimum rate is 1.1%. No employee tax.
Experience rates.- Experience rates are determined for a “rate year” beginning July 1 of any year and ending June 30 of the following year. Eligibility for an experience rate, and computation of the employer's “benefit ratio,” is based on the employer's experience record in the three calendar years preceding the rate year for which rates are being determined. Thus, an employer's record must have been chargeable with benefits throughout these three calendar years, and it must have paid contributions with respect to those years, in order to qualify for an experience rate; except that an employer who has not been subject to the law for a sufficient period of time to qualify under this three-year requirement will qualify if it meets the requirements for the two calendar years or one calendar year immediately preceding the rate year.
An employer's rate for any rate year depends on the applicable rate schedule in effect for that year and the rate class to which it has been assigned. (There are 20 rate classes in the law.) The rate class to which an employer is assigned is determined on the basis of its “benefit ratio”-benefits charged to its record for the applicable three, two, or one calendar-year period divided by the total of its taxable payrolls for the same period-and its position in a cumulative list of all employers for which a benefit ratio has been computed, after they are ranked on the basis of their benefit ratios, and the cumulative totals of their annual payrolls.
There are five schedules of rates in the law. The applicable rate schedule for a given year is determined by dividing the “current fund ratio” by the “highest benefit cost rate.” The “current fund ratio” is determined by dividing the available balance of the state fund on the December 31 preceding the rate year by the total wages paid for employment during the calendar year preceding the rate year; the “highest benefit cost-rate” is determined by dividing the highest amount of benefits paid during any consecutive 12-month period within the 10-year period ending on the December 31 preceding the rate year by the total wages paid during the four calendar quarters ending within the applicable 12-month period.
Rates for the tax rate year beginning July 1, 2008, are determined under Schedule IV. Rates for the year, including the range of benefit ratios, may be determined from the following table:
|
|
Rate Class
|
Benefit Ratios
|
Tax Rate
|
|---|
|
|
0
|
|
.00000-.00000
|
1.1%
|
%
|
|
|
1
|
|
.00001-.00073
|
1.2
|
|
|
2
|
|
.00074-.00149
|
1.4
|
|
|
3
|
|
.00150-.00256
|
1.7
|
|
|
4
|
|
.00257-.00357
|
2.0
|
|
|
5
|
|
.00358-.00456
|
2.3
|
|
|
6
|
|
.00457-.00559
|
2.6
|
|
|
7
|
|
.00560-.00660
|
2.9
|
|
|
8
|
|
.00661-.00743
|
3.2
|
|
|
9
|
|
.00744-.00861
|
3.5
|
|
|
10
|
|
.00862-.01103
|
3.8
|
|
|
11
|
|
.01104-.011314
|
4.1
|
|
|
12
|
|
.01315-.01600
|
4.5
|
|
|
13
|
|
.01601-.01929
|
4.9
|
|
|
14
|
|
.01930-.02364
|
5.3
|
|
|
15
|
|
.02365-.03024
|
5.7
|
|
|
16
|
|
.03025-.03912
|
6.1
|
|
|
17
|
|
.03913-.05985
|
6.5
|
|
|
18
|
|
.05986-.09210
|
6.9
|
|
|
19
|
|
.09211-.15045
|
7.3
|
|
|
20
|
|
.15046 - .99999
|
7.7
|
SUTA dumping.- Whenever a person who is not an employer under this chapter at the time it acquires the trade or business of an employer, the unemployment experience of the acquired business shall not be transferred to such person if the commissioner finds that such person acquired the business solely or primarily for the purpose of obtaining a lower rate of contributions. Instead, that person shall be assigned the highest rate assignable under the law until being subject for a sufficient period of time to have his or her rate computed.
If a person knowingly violates or attempts to violate the law related to determining the assignment of a contribution rate, or if a person knowingly advises another person in a way that results in a violation of those provisions, the person shall be subject to penalties.
If the person is an employer, the person shall be assigned the highest rate assignable under this chapter for the rate year during which the violation or attempted violation occurred and the three rate years immediately following this rate year. If the person’s business is already at the highest rate for any year, or if the amount of increase in the person’s rate would be less than two percent for that year, a penalty rate of contributions of two percent of taxable wages shall be imposed for that year.
If the person is not an employer, that person shall be subject to a civil penalty of not more than $5,000.00.
DEADLINES
Tax.- Form C101, Employer's Quarterly Wage and Contribution Report, is due quarterly on or before last day of following month. If due date falls on Sunday or legal holiday, reports may be filed on following business day. Contributions received through mail are deemed received on date of postmark.
Employers that fail to timely file any wage or contribution report will incur a penalty of $35 for each report not received by the due date. The Commissioner may waive such penalty for employers that show reasonable cause for failing to timely file such report.
Employers failing to timely file returns or pay taxes for two successive calendar quarters may be required to post a bond in order to continue to employ individuals in the state.
Wage.- Employers are also required to include detailed wage information on Form C-101, containing each worker's name, social security number, gross wages paid during the quarter and any other information deemed necessary. In addition to the information required above, wage reports must also include, for each worker paid by the hour, the worker's gender and the worker's hourly wage. Wage reports may be filed via magnetic media if authorized by the Department. Note that employers with 25 or more employees may be required to so file.
ENFORCEMENT
The Vermont Unemployment Compensation Law is administered by the Commissioner of Employment and Training.
Note: The position of the Commissioner of Employment and Training has been abolished. All duties, responsibilities and authority of the commissioner have been transferred to the Secretary of the Agency of Labor and Workforce Investment. The Division of Compensation, Information and Safety within the agency administers the unemployment compensation law (Executive Order No. 01-96, effective July 1, 1996).
In addition to other remedies and proceedings authorized under the Vermont Unemployment Compensation Law, a civil action in the name of the Commissioner may be maintained and the remedies available in such action, including attachment and trustee process, are available to the Commissioner for the collection of contributions, interest, and penalties.
In prosecutions under this law, the state will be represented by the state's attorney of the county in which the offense occurs.
Civil proceedings to collect contributions, penalties, and interest may be started and prosecuted in any other state and any other state which extends a like comity to Vermont may bring similar actions in the courts of Vermont.
Appeals from assessments must be filed with the Commissioner by employers within 30 days of the date they receive notice of assessment. A form for this purpose is attached to the notice. A hearing on the facts is then held before a referee, who issues a decision on the appeal. This decision becomes final unless it is appealed to the Vermont Employment Security Board. Such appeals must be filed with the Board not later than 30 days following receipt of the referee's decision. From the Board, appeals go to the supreme court (within 30 days of the Board's decision).
No action for the collection of contributions, interest and penalties may be started more than three years after the date on which the contributions became due and payable, unless prior to the expiration of the three-year period an assessment proceeding or a civil action has been instituted by the Commissioner, or a lien has been created. These terms do not apply to any employer who has willfully failed or refused to file a report with the Commissioner or to include all wages paid in any report, or who has otherwise attempted to avoid or reduce his liability for the payment of contributions.
Records.- Information obtained from any employing unit or individual and determinations as to any individual's benefit rights shall be held confidential and shall not be admissible in evidence in any action or proceeding other than one arising under the law. An individual or his or her agent may be supplied with information from the records for the proper presentation of a claim for benefits. Within the discretion of the Commissioner, an employing unit may be supplied with such information to enable it to discharge its obligations and safeguard its rights under the law. An exception is made, however, in the cases of public officers or agencies of any state or the federal government concerned with relief, public assistance, unemployment compensation, public employment offices, wages and hours of employment, and public works programs. The same is true as to colleges, universities, and state agencies engaged in research projects of a public service nature, but such information may not be disclosed in any manner which would reveal the identity of any individual or employing unit.
WHO TO CONTACT
The Vermont Unemployment Compensation Law is administered by the Vermont Department of Employment and Training, P.O. Box 488, 5 Green Mountain Drive, Montpelier, Vermont 05602; Telephone (802) 828-4000.
Note: The position of the Commissioner of Employment and Training has been abolished. All duties, responsibilities and authority of the commissioner have been transferred to the Secretary of the Agency of Labor and Workforce Investment. The Division of Compensation, Information and Safety within the agency administers the unemployment compensation law (Executive Order No. 01-96, effective July 1, 1996).
RECORDKEEPING
The Commissioner may require employing units to keep for four years such true and accurate records respecting employment, wages, hours, unemployment and related matters as he deems necessary. Such records must be open to inspection and subject to being copied by the Commissioner or any representatives at any reasonable time and as often as may be necessary.
The Department began to participate in the income and eligibility verification procedures set forth under the Deficit Reduction Act of 1984. The Act provides for the exchange of information among state agencies administering federally assisted programs such as AFDC, Medicaid, Food Stamps, SSI, and Unemployment Compensation. The Department was designated as the Vermont agency for the collection of wage records on workers as required by the verification system.
The Department must disclose any wage information with respect to an identified individual which is contained in its records upon the request of officers or employees of any state or local child support enforcement agency, HUD, the U.S. Department of Agriculture, any state food stamp agency, AFDC, and the Federal Parent Locator Service.
POSTING
Each employer must post and maintain printed statements of regulations governing claims for benefits in places readily accessible to its employees, and make available to each individual, at the time he or she becomes unemployed, a printed statement of such regulations. Such statements will be supplied by the Commission.
PENALTIES
Interest.- If an employer fails to pay contributions when due, the obligation carries interest at the rate of 1.5% per month. However, if an employer has timely paid contributions or payments to another state through error, the Commissioner may waive all or a portion of the interest in any case in which the untimeliness of the payment was not caused by fault, neglect, or bad faith.
The law imposes on employers a penalty of $35 for each failure to timely file any contribution or wage report. The Commissioner, for good cause, may waive the penalty.
An employer who fails for any two calendar quarters during the preceding 20 quarters to make a return or to pay contributions, and who has not ceased to be an employer, may be required by the Commissioner to furnish a bond, conditioned upon the payment of the delinquent contributions, together with interest and penalty from the due date thereof, and containing such terms as may be determined by the Commissioner. Upon complaint of the Commissioner in the superior court, an employer who fails to furnish a required bond may be enjoined from employing individuals in employment until the contributions due, together with interest and penalty, are paid.
Assessments may also be made for any amounts due. An assessment may be reduced to a court judgment.
Any individual who willfully makes a false statement or representation to avoid becoming or remaining subject to the Act or to avoid or reduce any contribution or other payment, or who fails or refuses to make any required reports or to submit its records for inspection, or who requires any deduction from wages to pay its contribution is subject to fine or imprisonment or both.
Liens.- Delinquent contributions, interest, or penalty charges may lead to the creation of a lien upon the employer's real estate and personal property. Such liens may be foreclosed in the same way as mortgages on such property.
The Department may recover sums due under this Law through a judgment of the superior court of the county in which the employer resides or the Washington county court if the employer is a nonresident.
Delinquent contributions, interest, or penalties may lead to the creation of a lien upon an employer's real estate and/or personal property. If the employer is a corporation or a copartnership, then the lien on the franchises or personal property of such employer will be recorded in the town clerk's office in the town in which such employer has its principal place of business in the state. Such liens shall be prior to all other liens except those created for taxes due the state, the Federal government, or towns or municipalities in Vermont, and wage claims. Such liens, however, shall not be prior to liens previously recorded. Notice of the lien must be given to the employer within five days after creation thereof. If contributions, interest, penalties and costs secured by the lien remain unpaid for 90 days after the creation of the lien, the lien may be foreclosed in the manner as provided by law for the foreclosure of mortgages on personal property or real property, as the case may be.
An employer may file written protest to the creation of a lien on its property within 30 days after receipt of notice thereof. If the protest is timely, assessment proceedings may be had. The lien will be discharged if final judgment is in favor of the employer; however, if final judgment is against the employer, the property under the lien will be held to respond to the judgment rendered and may be taken in execution thereon unless the employer otherwise satisfies the execution and charges.
Bankruptcy.- In event of an employer's dissolution, adjudicated insolvency or bankruptcy, receivership, assignment for benefit of creditors, judicially confirmed extension proposal or composition, claims for contributions or interest become a lien upon such employer's assets and shall have priority over all other claims except expenses of administration, taxes, wage claims, and prior liens valid under the laws of Vermont.
<p>Bankruptcy.— In event of an employer's dissolution, adjudicated insolvency or bankruptcy, receivership, assignment for benefit of creditors, judicially confirme</p>