Weintraub Attorneys Nikki Mahmoudi and Tomiwa Aina discuss the essential documentation and paperwork employers need to provide when an employment relationship ends. From final paychecks to COBRA notices and WARN Act requirements, this episode of California Employment News provides key insights to help employers stay compliant.
Watch this episode on the Weintraub YouTube channel.



Show Notes:
Nikki: Hi, everyone. Thank you for joining us for this installment of California Employment News, an informative video and podcast resource offered by the Labor and Employment Group here at Weintraub Tobin. My name is Nikki, and I'm an associate in the group, and I'm joined by my fellow associate, Tomiwa Aina. In previous CEN, we've talked about termination of the employment relationship. Today, Tomiwa and I are going to discuss documentation and paperwork employers will want to provide employees when the employment relationship ends. Please note, this is only a general overview and may not necessarily be exhaustive of all documentation employers are required to provide their employees. Tomi, did you want to start us off by talking about employees' final paycheck?
Tomiwa: Yes. Thank you, Nikki. Regardless of how the employment relationship ends, whether that's because the employee resigned from their employment, the employer terminated the employee, or there was a reduction in force, you will have to provide an employee with their final paycheck, including all earned wages, any accrued vacation, or paid time off. But note that the timing of when the employee receives their final paycheck can depend. For example, an employee without a written employment contract for a definite period of time who quits without given 72 hours prior notice to their employer must be paid all of their wages, including accrued vacation within 72 hours of quitting. Whereas an employee who gives at least 72 hours’ notice prior to their quitting and quits on the day that they have given in the notice must be paid all their wages at the time of their quitting. Similarly, employees who are discharged must be paid all wages due at time of termination. Nikki, can you tell us generally about some documents that employers will want to provide to their employees?
Nikki: Yeah, of course. I'm happy to provide some general ideas of documents employers will want to provide, as we said at the beginning of the video, this may not be exhaustive. It's just some things you'll want to consider. When employees are involuntarily terminated, and by that we mean they're discharged or there's a layoff, the company must give immediate written notice to the employee of a change in the employment relationship under unemployment insurance code section 1089. Now, that notice must contain certain information. That's going to include the employer's name. Another thing you will want to provide is the name of the person to contact at the company if the Employment Department division, otherwise known as the EDD, needs further information. You'll also want to provide the employee's name, their Social Security number, the type of action, so whether that's a voluntary quit, layoff, termination, etc, and the date of the action. With this notice, you'll give a copy to the employee and then retain a copy for your records. An employee must be given a copy of the notice no later than the effective date of termination. Employers can request that the employee sign acknowledgement of receipt of the notice, but you are not required to do so by law. Continuing on that on the topic of discharger laid off employees, the employer must provide the employee with Employment Development Department Pamphlet DE-2320, which that will explain to employees their rights to unemployment insurance, state disability insurance, and paid family leave. This must be distributed no later than the effective date of that termination or layoff. Now,