Louisiana Workforce Commission has notably begun enforcing a long standing policy requiring employers to submit form LWC-ES-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-ES-77 can completed online (http://www.laworks.net/OnlineServices.asp) or by filing out the paper form and submitting by fax or mail.
Protest responses to claims filed will still be received and determinations that result in the disqualification of UI benefits granted even if an LWC-ES-77 is not submitted however in the event the claimant becomes requalified pursuant to Louisiana UI law employers will not be entitled to non-charging of benefits to their accounts if it has been determined that a LWC-ES-77 was not submitted timely.
Louisiana employers should follow these steps once a worker becomes separated:
- Submit LWC-ES-77 online or submit via paper form and sign the form
- Print 3 copies of completed 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 paper retain proof of submission (i.e. fax receipt)
- Provide a copy of the form and proof of submission to Emptech
Commonly asked questions:
What happens in cases of job abandonment? How can I comply with 72 hour rule if I am not certain when a worker separated?
The 72 hour clock starts ticking once you become aware that a worker has in fact quit or you knowingly separate the worker. For employers that employ a 3 day no call/ no show rule the 72 hour clock starts on the 4th day or the time and date in which the separated employee confirms they are separating.
Should I submit and sign the LWC-ES-77 form or should I pass these on to Emptech (or other UI TPA)?
The LWC-ES-77 is not an unemployment claim. The form must be filled out and submitted by the employer online or on paper. Emptech requests that a copy along with proof of submission is sent to us for record keeping or that you have a copy available when requested.
Should I list my Emptech representative as the contact?
No the individual that completes the form should list themselves as the contact. As mentioned this is not a response to a UI claim and no determination as to UI benefits will be made from this form.