DOCUMENTS REQUIRED: When an employee is terminated, does your state law require the employer to provide certain documents to the employee?

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1 STATE DOCUMENTS REQUIRED: When an employee is terminated, does your state law require the employer to provide certain documents to the employee? DOCUMENT TYPE OTHER REQUIREMENTS: Are there any other requirements that must be fulfilled on the date of termination, such as providing a final pay check, etc.? EMPLOYEE THRESHOLD: Must an employer have a certain minimum number of employees to have to comply with these requirements? Alabama Alabama generally has no final paycheck, accrued vacation, or continuing medical coverage statutes. However, Ala. Code requires that commissions for wholesale sales representatives must be paid within 30 days of termination, and Ala. Code requires that public employees receive unpaid salaries upon the expiration of the appointment or term of office. Arizona A. When an employee is discharged from the service of an employer, he shall be paid wages due him within seven working days or the end of the next regular pay period, whichever is sooner. B. When an employee quits the service of an employer he shall be paid in the usual manner all wages due him no later than the regular payday for the pay period during which the termination occurred. If requested by the employee, such wages shall be paid by mail. C. Every employer, including this state and its political subdivisions, shall pay wages or compensation due an employee under this section in lawful money of the United States by negotiable check, draft, money order or warrant, in the case of the state or any political subdivision, which can be immediately redeemed in cash at a bank or other financial institution, payable on demand or by deposit in a financial institution of employee's choice and dated not later than the day upon which the check, draft, money order or warrant is given, and not otherwise.d. A person violating this section is guilty of a petty offense. Employee Terminations 1

2 Arkansas. Arkansas statute does not require that non-government employers provide their employees access to or copies of their personnel file. Government Employees can request access to their personnel files under the Arkansas Freedom of Information Act. Technically, no. However, according to A.C.A (b), if a company or corporation terminates the employee, the company must tender any wages due within seven (7) days of the discharge provided the employee has requested or demanded payment. In all other cases, payment must be made at the regularly scheduled payday, absent some agreement between the employer and the employee to the contrary.. In addition, an employer can be penalized if he or she fails to provide such wages due within seven days of the discharge. According to A.C.A (a)(2), if an employer fails to provide such wages, the employee will continue to receive wages from the date of the discharge or refusal to further employ at the same rate until paid. However, the wages cannot continue for more than sixty (60) days unless an action is commenced within that time. Furthermore, under A.C.A (c), an employee whose employment is for a definite period of time and who is discharged without cause before the expiration of that time may, in addition to the penalties described, have an action for any damages that he or she may have sustained by reason of the wrongful discharge, and the action may be joined with an action for unpaid wages and penalty. Employee Terminations 2

3 California Yes FOR YOUR BENEFIT, CALIFORNIA S PROGRAM FOR THE UNEMPLOYED PAMPHLET (FORM DE 2320) explains employees rights to unemployment insurance, SDI and paid family leave. Must be given to employee no later than effective date of termination. NOTICE TO EMPLOYEE AS TO CHANGE IN RELATIONSHIP: for involuntary terminations (discharge, lay off, change in status to independent contractor), you must give immediate written notice to the employee of a change in the employment relationship. There is no specific form but you must include the company name, name of person to contact at company if EDD needs more information, employee name, employee SSN, indication that action was a termination, layoff, LOA or change in status and action date. Must be given to employee no later than effective date of termination. Yes. Final paycheck: Voluntary term with more than 72 hours notice: if the employee quits with more than 72 hours notice, the employer must pay all wages and accrued vacation earned but unpaid on the last day of work. Voluntary term with less than 72 hours notice: all wages and accrued vacation earned but unpaid within 72 hours after notice given. The employee is entitled to receive the final wage payment by mail if he/she requests it and designates a mailing address. Mailing date is considered the payment date. Involuntary termination: terminated employees must be paid at the place of termination, which is the employee s location. Payment may be made by direct deposit if the employee has authorized it. Employee Terminations 3

4 Colorado If the employee is terminated by the employer, the final paycheck should be provided on the date of termination; if the employee resigns, the final paycheck is provided on the normal pay day. Connecticut Yes, the Connecticut Personnel Files Act, Conn. Gen. Stat. Sec a, et seq. was recently amended to require employers to provide certain documents to the employee upon termination. The amendment goes into effect on October 1, The amended Connecticut Personnel Files Act requires employers to provide employees with any documented notice of the employee s termination of employment immediately upon termination of employment. If the employer does provide the employee with a notice of termination, the notice must contain a statement that if the employee disagrees with any information in the notice, the employee may submit a written statement explaining his or her position. The employer must keep the employee s rebuttal statement in the personnel file and include it whenever the file is transmitted or disclosed to a third-party. Whenever an employee voluntarily terminates his employment, the employer is required to pay the employee s wages in full no later than the next regular pay day. In addition, whenever an employer discharges an employee, the employer shall pay the employee s wages in full no later than the next business day. Furthermore, if the employer s policy provides for the payment of accrued but unused vacation, sick days, personal days, holidays or other similar leave, such payment must be made to the employee who is voluntarily or involuntarily terminated. Delaware Whenever an employee quits, resigns, is discharged, suspended or laid off, the wages earned by the employee shall become due and payable by the employer on the next regularly scheduled payday(s) either through the usual pay channels or by mail, if requested by the employee, as if the employment had not been suspended or terminated.. Applies to all employers except the U.S. gov t and State of Delaware (or any political subdivision) Employee Terminations 4

5 District of Columbia Yes District of Columbia employers must provide a discharged employee s final paycheck (including all wages earned) not later than one work day following the discharge, with one exception: if the discharged employee is responsible for monies belonging to the employer, the employer does not have to pay the employee s wages until 4 days following the discharge to allow time to determine the accuracy of the employee s accounts. District of Columbia employers must pay any employee who quits or resigns, except those who have a written contract of employment for a period in excess of 30 days, a final paycheck by the next regular payday or within 7 days from the date of quitting or resigning, whichever is earlier. See DC Code The employee may collect liquidated damages from the employer for each day that the employer has not paid the wages due to the departed employee. See id. Florida Georgia Yes Separation tice, DOL Form rms/dol800.pdf. Hawaii documents other than what is required for COBRA and ERISA. Final paycheck for all wages (ST and OT) earned as of the date of the termination, must be paid on the date of termination. If the employer's policy is to cash out unused vacation (or other paid leaves), that must also be cashed out. deductions can be made from the final paycheck (i.e. for unreturned equipment, keys, etc.) unless the employee authorizes the deduction in writing. At least one. Just one -- and he/she doesn't even have to be full time Employee Terminations 5

6 Idaho Employer is obligated to provide a final paycheck by the earlier of the next regularly scheduled payday or within ten (10) days of the layoff or termination. IC Illinois Final compensation due on date of separation or terminee s next regularly scheduled payday Indiana Iowa Final payment is issued per next regular payroll. Amount needs to include any accrued but unused vacation (unless there was an agreement to the contrary with the employee). Kansas, but it is unlawful To refuse to furnish, upon written request of any employee whose services have been terminated, a service letter setting forth the tenure of employment, occupational classification and wage rate paid the employee. Final wages due next regular payday. Kentucky. Except as provided in statute for certain public employees (e.g., teachers), the employer is not required by state law to provide any particular documents to an employee upon termination. All Kentucky employers must pay all wages due an employee within either: two weeks of termination, or the next pay period following termination; however, Kentucky law does not require anything to be paid in full on the actual date of termination Employee Terminations 6

7 Louisiana Louisiana has a final paycheck statute, La. R.S. 23:631 which requires that all wages due under the terms of employment (including accrued unused vacation pay) be paid to the departing employee before the next regularly scheduled payday or no later than 15 days following the employee's last day of employment, whichever comes first. Maine, not on the day of termination. Maryland Wages must be paid on or before the date that they would have been paid had the employee not been terminated. Md. Code, Lab & Empl. Sec If a bonus or commission would not be due until a later date, payment need not be accelerated for a terminating employee. Finally, the value of accrued unused vacation also must be paid unless the employer has a written policy communicated to employees that unused vacation will not be paid.. Applies to all employers. Massachusetts Yes. Two brochures, one on how to apply for unemployment benefits and another on the DUA s career center locations (the brochures are available at oyment-insur/forms-andpublications/workplace-posters/). Yes. If the employee is terminated, final wages (including any accrued but unused vacation time) must be paid on the date of termination. If the employee resigns, the final wages can be paid on the next regular payroll date.. Employee Terminations 7

8 Minnesota t automatically. Some obligations are triggered upon the terminated employee s request Upon request the terminated employee is entitled to obtain a copy of his/her personnel record. If requested in writing within 15 working days of the termination, the terminated employee is entitled to a written explanation of the truthful reasons for the employer s termination decision. A terminated employee is entitled to receive payment of the final paycheck within 24 hours of the employee s demand for payment. To avoid dispute over whether/when the terminated employee requested payment, it is advisable to have the final paycheck available at the termination meeting.. Applies to all employers. Mississippi ne Missouri, However, under MO service letter statute, only if former employee sends written request citing the statute and in conformance with it, employer must respond in writing per certain statutory requirements. Final paycheck but no penalty unless final wages are not paid within 7 days of written request. Montana If an employee is separated for cause or laid off, all unpaid wages are due and payable immediately on separation unless the employer has a written policy that extends the time for payment to the next regular pay day or 15 days following separation, whichever occurs first. If an employee is terminated for theft of funds connected with employee s work, employer may withhold missing funds from final pay if the employee agrees or the employer files a complaint with local law enforcement within 7 days of the separation. If no charges are filed in court within 30 of making the complaint, wages are payable upon expiration of the 30 day period. Employee Terminations 8

9 Nebraska Whenever a Nebraska employer (other than a political subdivision) separates an employee from the payroll, the employee s unpaid wages shall become due on the next regular payday or within two weeks of the date of termination, whichever is sooner. Neb. Rev. Stat (3). Nevada, the employer does not automatically have any obligations on termination; obligations do arise if an employee make certain requests for documents/ information pursuant to Nevada Revised Statutes. Final paycheck is due on date of discharge or, if resignation, within 7 days or next paycheck whichever comes first. New Hampshire t on the day of termination, but NH has its own COBRA notice provisions. t, on the day of termination, but involuntarily terminated employees must be paid final wages within 72 hours. New Jersey Yes Instructions for Claiming Unemployment Benefits, New Jersey Department of Labor and Workforce Development Division of Unemployment Insurance Form BC 10 New Jersey has a mini- WARN Act. In addition to notice under the federal WARN Act, notice under the Millville Dallas Airmotive Plant Job Loss tification Act (a/k/a NJ WARN ACT) must be given 60 days before a mass layoff, plant closing or transfer of operations. There are no other requirements on the date of termination. But, employers must provide a final pay check to a separated employee no later than the regular pay day for the period when the separation from employment occurred. N.J.S.A 34: Applies to all employers Employee Terminations 9

10 New Mexico Yes. Whenever an employer discharges an employee, the unpaid wages or compensation of such employee, if a fixed and definite amount, and not based on a task, piece, commission basis or other method of calculation, shall, upon demand become due immediately, and the employer shall pay such wages to the employee within five days of such discharge. In all other cases of discharged employees the settlement and payment of wages or compensation shall be made within ten days of such discharge. Whenever an employee (not having a written contract for a definite period) quits or resigns his employment, the wages or compensation shall become due and be payable at the next succeeding payday.. Applies to all employers New York Yes New York State Labor Law 195(6) requires employers to notify any employee terminated from employment, in writing, of the exact date of such termination as well as the exact date of cancellation of employee benefits connected with such termination. This notice must be provided within five working days after the date of termination. This law specifically requires notification as to cancellation of accident or health insurance and/or other benefits offered by the employer such as accrued time off. Violation of this section of the Labor Law subjects an employer to a possible $5,000 civil penalty and a criminal conviction for an unclassified Final Paycheck Timing: When employment has ended, the employer must pay the wages by the regular payday for the pay period worked. If asked, the employer must mail the final wages to the employee. Payment of Accrued Benefit Time: Whether an employer must pay for unused time depends upon the terms of the vacation and/or resignation policy. New York courts have held that an agreement to give benefits or wage supplements, like vacation, can specify that employees lose accrued benefits under certain conditions. [See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980).] To be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit. (except for the mini- WARN statute noted above-100 workers required for that). Employee Terminations 10

11 misdemeanor. The offending employer can also be sued by the terminated employee for "appropriate damages". Also, employers subject to the New York State Unemployment Law must provide written notice at the time of termination (to a New York employee only) of the terminated employee's right to file a claim for unemployment insurance benefits, pursuant to 12 N.Y.C.R.R The notice need not be given if the employer's pay vouchers, envelopes or pay check stubs provided to the employee contain the required information which is: (1) the employer's name and registration number; (2) the address of the employer to which a request for remuneration and employment information with respect to such employee must be directed; (3) a statement advising the employee that they should bring this document if and when he/she reports to a field office for the unemployment insurance division of the NYS Department of Labor for the purpose of filing an application for benefits. Employee Terminations 11

12 rth Carolina. Final paycheck must be provided by the next regularly schedule pay day. rth Dakota Unpaid wages are due to be paid at the next regular payday following termination. Wages must be paid at least once each calendar month. There are provisions for collecting unpaid wages, including the assistance of the Labor Commissioner. Ohio Also, if the termination is due to a plant closing or mass layoff, NY has a mini- WARN statute. Oklahoma The terminated employee must be provided with the employee's final earned wages on or before the next regular payday following termination. Oregon, just final paycheck. Pennsylvania. Final paycheck is due on the next regular payday. Rhode Island. Final paycheck is due on the next regular payday. If an employee has completed one year of service, any vacation pay accrued by collective bargaining, company policy or other agreement between the employer and employee becomes wages and is must be paid out to the employee in their final paycheck. South Carolina Yes. SC Code sec requires that when an employer separates an employee from the payroll for any reason, the employer must pay all wages due to the employee within 48 hours of the next regular payday which may not exceed 30 days. Wages are defined by section (2) as all amounts at which labor rendered is recompensed... and includes vacation, holiday, and sick leave payments which are due to an employee under any employer policy or employment contract. Funds placed in pension plans or profit sharing plans are not wages subject to this chapter.. The wage payment statute does not apply to employers of domestic labor in private homes or to employer employing fewer than 5 employees at all times during the preceding 12 months. Employee Terminations 12

13 South Dakota Tennessee Yes. A Separation tice on a form prescribed by the Tenn. Department of Workforce and Development must be given to the separated employee within 24 hours of separation, unless the employer has made arrangement with the Department for electronic reporting or mail-in claims. Separated employee must be paid for earned unpaid work not later than the next regular pay day following separation or within 21 days of separation whichever is later. [ te: final pay must include any vacation, PTO,or compensatory time owed under any employer policy or labor agreement but there is no requirement to have vacation, PTO, etc. and the policy may state that vacation or PTO is NOT paid upon separation.]. Texas. An employer is required to pay an employee with 6 days of the termination. In the case of a resignation, the employer is required to pay the employee on the next regularly scheduled pay day. Utah Pay must be given within 24 hours of an involuntary termination and the next regular payday if a voluntary resignation. Vermont Employee who leaves voluntarily must be paid in full on or before next regular payroll date. Employee who is involuntarily terminated must be paid in full within 72 hours of termination. Virginia Upon termination of employment an employee shall be paid all wages or salaries due him for work performed prior thereto; such payment shall be made on or before the date on which he would have been paid for such work had his employment not been terminated. Employee Terminations 13

14 Washington. But, Washington law does require employers to provide a signed written statement stating the reasons for and effective date of discharge upon written request by the former employee., although Washington law does require an employer to pay the employee her or his final wages on the next regularly scheduled payday. Accrued vacation or sick leave must be paid out in accordance with the employer's policy and practice. West Virginia The West Virginia Wage Payment and Collection Act provides that employees who are laid off, quit, or resign must be paid on or before the next regular payday. An employee who is discharged must be paid within 72 hours. W.Va. Code Wisconsin, There are no requirements that must be fulfilled on the date of termination. Last payroll must be paid by next regular payroll date following the termination date Wyoming Final paycheck must be provided to employee within five working days of termination Employee Terminations 14