Louisiana Separation Notice Requirements
Certain states, like Louisiana, legally mandate employer-provided separation notices. Generally speaking, these separation notices provide employees with the information they need to file for unemployment insurance. Louisiana’s notice requirements are particularly strict in that employers only have 72 hours to handle certain administrative tasks.
It’s imperative that companies understand the separation notice requirements for each geography in which they have employees.
Let’s take a look at what employers need to know when parting ways with employees in Louisiana.
Frequently Asked Questions
What are Louisiana’s separation notice requirements?
The Louisiana Workforce Commission, known until 2008 as the Louisiana Department of Labor, is the agency that oversees the state’s workforce, including enforcement of separation notice requirements. In Louisiana, state law mandates that employers provide employees with specific information within 72 hours of their separation.
Louisiana employers have three days, or 72 hours, to file separation notice form (LWC-77) after an employee separation. Form LWC-77 must be filed with the administrator—in this case, the Louisiana Workforce Commission—AND provided to the employee, regardless of the reason for separation. Although the form itself is not an unemployment insurance (UI) claim, it does provide employees with information about the availability of UI benefits in compliance with Louisiana state law R.S. 23, Chapter 11 (1471 through 1750.10).
To comply, Louisiana employers must adhere to the following separation notice requirements:
Submit LWC-77 online or submit it via a signed paper form; and
Provide a copy of the separation notice AND notification of unemployment compensation to the separated worker in person or mail it to their last known address within three days.
Additionally, it’s best practice for employers to take these optional steps:
Make a copy of the envelope you use to send the form in case disputes arise later; and
Do not request a delivery signature or the employee could refuse the package and therefore deny receipt of the required form.
Form LWC-77 includes these main fields:
The worker’s full name as it appears on employment records
The worker’s Social Security Number
Separation date
Hire date
Last date worked
Reason for separation
Total gross earnings and other payment-related information
Is the employer required to send a Louisiana separation notice to every employee upon termination?
Yes, employers in Louisiana must complete form LWC-77 regardless of the reason for the employee’s separation.
If the employee resigns or retires, is the employer still required to send a separation notice to the employee?
Yes, the separation notice requirements apply to all employees, regardless of the circumstances surrounding the separation.
When should the employer send the Louisiana separation notice to the employee?
LWC-77 must be completed online, and a copy of the form must be provided to the separating employee within three days of separation. This information must be provided to employees in writing via flyer, letter, email, or text message. Ideally, employers should deliver this information at the time of separation; otherwise it must be mailed to the employee’s last known address within 72 hours of the separation.
What happens if the Louisiana separation notice is not provided or the information on the form is incorrect?
According to the Louisiana Workforce Commission, failure to comply with the state separation notice requirements results in the prohibition of non-charging to the employer’s unemployment insurance (UI) account. In other words, an employer will be responsible for paying for UI benefits if they can’t prove that these three factors were met:
That the reason for the separation disqualifies the employee from receiving unemployment insurance;
That the employer responded promptly to the unemployment claim; and
That form LWC-77 was submitted to the employee AND the state within 72 hours of separation.
Therefore, if an employer does not adhere to the mandated separation notice requirements, they may end up paying UI benefits to employees who would not have otherwise qualified.
We received a request for information from the Louisiana Workforce Commission. What should we do?
To comply with Louisiana state law, employers should have completed and submitted form LWC-77 to the Louisiana Workforce Commission (LWC) within 72 hours of an employee separation. However, if the LWC requests additional information, it’s in your best interest to respond promptly. This likely means that a former employee has filed for unemployment benefits.
Want to automatically generate and send separation notices to your employees?
It can be difficult for employers to manage state separation notices—especially for states like Louisiana with such time-sensitive requirements. Employers who manage this process manually are bound to make mistakes, especially during large-scale workforce reductions that involve juggling multiple state laws. Onwards HR’s Offboarding Compliance Platform generates state-specific separation notices using data from your company’s HCM platform. Even better, the notice is then automatically delivered to your employees in compliance with state law. This means your team spends less time on administrative tasks, and your employees get the necessary unemployment insurance information.
