Do we have to give a former employee copies of her paystubs? 06-09-2010
A terminated employee is requesting us to create and provide her with duplicates of all of her paystubs throughout the course of her employment. Also, she is requesting a copy of the authorization form she signed when she enrolled in the health plan. What are we required to provide?
Ann Kiernan replies:
Every state has its own rules on the subject, but your state, California, is particularly strict. According to the California Department of Industrial Relations:
Your payroll records must be made available to you upon reasonable request, which request must be complied with by your employer as soon as practicable, but no later than 21 calendar days from the date you make such request. Effective January 1, 2003, a failure by the employer to permit a current or former employee to inspect or copy his or her payroll records within the 21 day period entitles the current or former employee to recover a $750.00 penalty from the employer in a civil action brought before a court of competent jurisdiction.
So, you had better get those payroll records ready! And since you have to provide the payroll records, you might as well make a copy of the health plan enrollment form, too.
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