Employer-initiated layoffs—Voluntary inclusion

(1) An individual separated from employment on or after June 14, 2026, is deemed to be unemployed through no fault of their own if the commissioner finds that: (a) The separating employer took the first action in the separation process by announcing in writing to its employees that: (i) The separating employer planned to reduce its workforce through a layoff or reduction in force; and(ii) Employees could offer to be among those included in the layoff or reduction in force; (b) The individual offered to be one of the employees included in the layoff or reduction in force; and(c) The separating employer terminated the individual's employment as a result of the layoff or reduction in force plans under this section. (2) When undertaking a layoff or reduction in force, a separating employer may allow employees to rescind an offer under subsection (1)(b) of this section. The availability of an option to rescind an offer does not disqualify an individual from benefits, provided that the separation from employment met the requirements in subsection (1) of this section. (3) This section does not apply when the employer modifies benefits or otherwise encourages early retirement or early separation and the employer and employee do not comply with subsection (1) of this section.