Q: Our company is located in California. Can you please clarify the timeline in which paperwork needs to be sent to a termed employee? Does it have to be postmarked within 72 hours?
A: Under California law, paperwork/notices are slightly more flexible than pay requirements. As a best practice, we recommend doing both requirements as close together as possible to avoid delays or confusion. If the paperwork/notices were not provided with final pay, enhance your due diligence by giving the employee copies as soon as you can.
For example, if an employee resigned as of today, you now have 72 hours to provide pay and the proper paperwork to this employee. Another way to put this is if an employee gave you 2 weeks’ notice that today was his/her last day, then today is the day that his/her pay and paperwork are also due. If you terminated an employee today, then pay and paperwork should both be issued today as well.