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Question: What notices must be given before an employee is terminated or laid off? Answer: The Fair Labor Standards Act (FLSA) has no requirements for notice to an employee prior to termination or lay-off. In certain cases, employers must give the workers advanced notice of mass layoffs or plant closure.
Most US workers are hired ?at-will,? and the employer is not legally bound to provide a notice of termination when ending the services of an employee. The employer can terminate the employee for any reason, as long as the reason is not illegal ? such as termination based on gender, religion, or racial discrimination.
Louisiana requires employers to submit a Separation Notice (LWC-77) within 72 hours of a worker's separation. LWC-77 is not an unemployment claim. Failure to comply with this policy will result in the prohibition of non-charging to the employer's UI accounts.
Louisiana ? like most states in the U.S. ? is an ?at will? employment state. This means that your employer can fire you for any reason, or no reason at all, as long as the reason is not illegal. At-will employment can make it harder to pursue a wrongful termination claim, but not impossible.
If this employee is always calling in sick then it is important to ask them to show you a doctor's note from a healthcare professional. If they are absent for other reasons, have a meeting with them to speak of the reasons for their absences. If they are rational reasons, firing may not have to be an option.
Employers are required to complete a separation notice (Form LWC 77) for a former employee within 3 days after the employee leaves your business. A copy of the completed Form LWC 77 must also be given to the employee at the time of separation or mailed to his/her last known address within those 3 days.
I write this letter to inform you of your termination with the company for violating our no call no show policy. On September 16th, you failed to show up for work. There was no contact to any parties about this and you have failed to provide an explanation for your absence.
Dear [Employee Name]: As of the date of this letter, you have been absent from work since [date of last day of work or last day of approved leave]. Because your absence has not been approved, and we have not heard from you, we have determined that you have abandoned your position.