Louisiana Form LWC 77 is the separation notice employers must file electronically with the Louisiana Workforce Commission within ten calendar days of an employee’s last day, with a copy delivered to the departing employee in that same window. The form tells the state who left, when, why, and what final payments were made, and it’s the document the LWC leans on when the former employee files for unemployment benefits.1Louisiana Works. Frequently Asked Questions About Form 77s
Which Separations Require a Form 77
Louisiana Revised Statute 23:1576 requires a separation notice for every employee who leaves for any cause that could potentially disqualify the worker from unemployment benefits.2Justia. Louisiana Revised Statutes 23:1576 – Notice of Separation In practice, the LWC instructs employers to file for every separation regardless of reason: voluntary resignations, layoffs, and terminations for cause all get a Form 77.1Louisiana Works. Frequently Asked Questions About Form 77s You won’t always know in advance whether a former employee will apply for benefits, so filing across the board is the safe rule.
The Ten-Day Deadline
The clock is ten calendar days from the separation date. Within that window, you submit the form electronically to the LWC and provide a copy to the separated employee.2Justia. Louisiana Revised Statutes 23:1576 – Notice of Separation ACT 340, effective August 1, 2025, replaced the previous three-day paper-friendly rule; the agency’s copy can no longer be mailed or faxed.3Louisiana State Legislature. Fiscal Note SB 1188
The statute doesn’t spell out a specific dollar penalty for late or missing filings. The real cost is different: when the LWC has no separation information to review, it may charge benefits to your account by default, and you lose the ability to contest a claim on the front end. That default charge feeds your experience rating and can push up your unemployment insurance tax rate.
Information to Have Ready
Use the current version of the form through the LWC’s electronic portal rather than an outdated PDF. Before you start, pull together the following.1Louisiana Works. Frequently Asked Questions About Form 77s
Employer Details
You’ll need your Employer Account Number (EAN), which is the state unemployment insurance account number assigned when you registered with the LWC. Also have the business’s legal name, an address, and a phone number the agency can call with follow-up questions.
Employee Details
Provide the employee’s full legal name and Social Security number so the LWC can match the filing to the correct wage record. Include the start date and the date employment ended. The end date is the last day the person actually performed work or was on the payroll, not the date they gave notice or the date you processed the paperwork.
Reason for Separation
This section drives the unemployment eligibility decision, and it’s where thin explanations cause the most trouble. Pick a category and back it up with a specific written description.
- Lack of work covers layoffs, reductions in force, seasonal shutdowns, and any situation where the job simply wasn’t available anymore. It’s a neutral designation and generally supports benefit eligibility.
- Discharge covers firings for performance problems, policy violations, or misconduct. “Poor performance” alone won’t give the LWC enough to make a determination. Describe what happened: the policy violated, dates of relevant incidents, and whether warnings were issued.
- Voluntary resignation covers employees who chose to leave. Note whether they gave a reason, because certain reasons for quitting (unsafe working conditions, for example) can still qualify someone for benefits.
Vague reason fields are the most common cause of follow-up requests from the LWC. When the agency can’t determine eligibility from the form alone, it schedules a fact-finding interview with both parties. A few extra sentences up front usually prevent that.
Payment Information
Report any payments made at or around the separation: severance, accrued vacation or PTO payouts, bonuses, and other lump sums. The LWC uses this to decide whether and when benefits should begin, since certain separation payments can delay the start of benefits.
How to File Through HiRE
Since August 2025, the employer’s copy has to go through the LWC’s HiRE (Helping Individuals Reach Employment) system. Mail and fax are out. There are two paths.4Louisiana Workforce Commission. Unemployment Insurance – Employer’s Menu
- Log in to your HiRE employer account and file the Form 77 from your dashboard. This is faster if you have multiple separations to report and keeps your submissions organized in one place.
- Use the guest filing link on the LWC website to submit a separation notice without creating an account. This works for businesses that rarely need to file.
The LWC publishes step-by-step PDF guides and video walkthroughs for both methods on its employer resources page.
Delivering the Employee’s Copy
You have more flexibility with the employee’s copy. You can hand it over during an exit meeting, mail it to the last known address, or transmit it electronically. If you mail it, use a method that produces proof of delivery, such as certified mail or a tracked service. The ten-day clock runs from the separation date, not the date you prepare the form, so don’t wait until day nine to drop it in the mail.1Louisiana Works. Frequently Asked Questions About Form 77s
What Happens After the LWC Receives It
Your submission enters the state unemployment insurance system. If the former employee files a claim, the LWC pulls up your Form 77 as part of the eligibility determination. In general terms:
- Lack of work typically supports eligibility, assuming the claimant meets Louisiana’s wage and availability requirements.
- Discharge for misconduct may lead to disqualification. The LWC weighs whether the conduct was serious enough, which is why the written explanation matters.
- Voluntary quit usually leads to disqualification unless the employee left for a reason the law recognizes as good cause, such as unsafe conditions or a substantial change in the terms of employment.
When the form doesn’t settle the question, the LWC schedules a fact-finding telephone interview with both parties. You’ll receive a notice with the date and time. If you miss the call without rescheduling, the decision usually gets made without your input, and that rarely favors the employer. Benefit charges from successful claims feed your experience rating, which directly influences your state UI tax rate.
Records to Keep
Save your copy of the completed Form 77 along with the supporting documentation for the separation reason: warning letters, performance reviews, attendance records, and anything else that backs up what you reported. Federal EEOC rules require employers to keep personnel records for at least one year after an involuntary termination, and longer if a discrimination charge is filed.5U.S. Equal Employment Opportunity Commission. Recordkeeping Requirements For unemployment insurance purposes, three to four years is a better working horizon, since benefit charge disputes and tax rate adjustments can reach back to older separations. Store the electronic confirmation from HiRE alongside the form itself so you can prove the filing date if an auditor asks.