(a) An employer is not required to comply with the notice requirement contained in subdivision (a) of Section 1401 if the department determines that all of the following conditions exist:
(1) As of the time that notice would have been required, the employer was actively seeking capital or business.
(2) The capital or business sought, if obtained, would have enabled the employer to avoid or postpone the relocation or termination.
(3) The employer reasonably and in good faith believed that giving the notice required by subdivision (a) of Section 1401 would have precluded the employer from obtaining the needed capital or business.
(b) The department may not determine that the employer was actively seeking capital or business under subdivision (a) unless the employer provides the department with both of the following:
(1) A written record consisting of all documents relevant to the determination of whether the employer was actively seeking capital or business, as specified by the department.
(2) An affidavit verifying the contents of the documents contained in the record.
(c) The affidavit provided to the department pursuant to paragraph (2) of subdivision (b) shall contain a declaration signed under penalty of perjury stating that the affidavit and the contents of the documents contained in the record submitted pursuant to paragraph (1) of subdivision (b) are true and correct.
(d) This section does not apply to notice of a mass layoff as defined by subdivision (d) of Section 1400.
(Added by Stats. 2002, Ch. 780, Sec. 1. Effective January 1, 2003.)