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Question:

Does My State Require Me to Provide a Separation Notice to the Employee and/or State?

Answer:

A common question employers ask is what states require them to provide notification to the employee and/or state when an employee separates. Currently there are 13 states that have regulations for employers to provide employees with a separation notice upon termination. It is important to know which states do and do not have statutory requirements regarding these notifications.

CCC State Required Notifications for UI

One to note that has a statutory requirement, but didn’t necessarily enforce in the past is Louisiana Workforce Commission, but have notably began to do so over the past year or so. They require employers to submit form LWC-77 Separation Notice within 72 hours of a worker’s separation. Failure to comply with this policy will result in the prohibition of non-charging to employer’s UI accounts. Form LWC-77 can be completed online (http://www.laworks.net/OnlineServices.asp) or by filing out the paper form and submitting by fax or mail.

LWC-77 is not an unemployment claim. The form must be filled out and submitted by the employer online or by fax/mail. Since this is not a response to a UI claim and no determination as to UI benefits will be made from this form, the individual that completes the form should list themselves as the contact. Corporate Cost Control will receive a claim and determination to determine the individuals eligibility for benefits and respond to the claim and determination accordingly on behalf of the employer.

Louisiana employers should follow these steps once a worker becomes separated:
· Submit LWC-77 online or submit via paper form and sign the form
· Provide a copy of the form and “Instructions to the Worker” to the separated worker
· Retain a copy for your files; if filed by mail/fax retain proof of submission

Do you have a question you’d like answered?  Contact CCC at (800) 207-6926 or at info@corporatecostcontrol.com


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