Missouri Final Paycheck Demand Letter
In Missouri your final wages are due on the day of discharge if you were fired. A written request that goes unpaid for seven days can add a penalty of continuing wages for up to 60 days. Attorney review available.
Introduction
A final paycheck demand letter is a written demand a departed Missouri employee sends a former employer to collect final wages that were not paid on time, before filing a complaint with the Missouri Division of Labor Standards or suing to recover the wages. In Missouri the clearest rule is for discharge. When an employer discharges an employee, the unpaid wages earned at the contract rate become due and payable on the day of the discharge (RSMo 290.110). Missouri does not set a separate statutory deadline for employees who quit, so a quitting employee is generally paid on the next regular payday under the usual pay schedule. Missouri also provides a penalty tied to a written request: if a discharged employee requests the money in writing and it does not reach the designated station or office within seven days, the wages continue from the date of discharge at the same rate as a penalty until paid, but not for more than sixty days (RSMo 290.110). If the demand is ignored, the employee can file a complaint with the Missouri Division of Labor Standards or pursue a private action. DocDraft builds your Missouri final paycheck demand letter from your facts, with attorney review available as an option before you send it.
Key Things to Know
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A final paycheck demand letter is a written demand a departed Missouri employee sends a former employer to collect unpaid final wages, before filing a complaint with the state labor agency or suing.
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If the employer discharged the employee, the unpaid wages earned at the contract rate become due and payable on the day of the discharge (RSMo 290.110).
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Missouri does not set a separate statutory deadline for employees who quit; a quitting employee is generally paid on the next regular payday under the usual pay schedule.
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If a discharged employee requests the money in writing and it does not reach the designated station or office within seven days, the wages continue at the same rate as a penalty until paid, up to sixty days (RSMo 290.110).
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Missouri does not require payout of accrued unused vacation on separation unless the employer's policy or a contract provides for it, in which case it is enforced as agreed.
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Missouri has no broad wage-deduction statute for private employers; the federal FLSA still bars deductions that drop pay below the minimum wage or cut into overtime for items that primarily benefit the employer.
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If the demand is ignored, a Missouri worker can file a complaint with the Division of Labor Standards, which does not litigate individual claims, so a private action may be needed, and the deadline to sue on a wage contract is five years (RSMo 516.120).
Key decisions before you file
Before you file a Final Paycheck Demand Letter in Missouri, a few decisions shape the document: which option to choose and what each one means. The Final Paycheck Demand Letter guide walks through them.
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Missouri Requirements for Final Paycheck Demand Letter
If a Missouri employer discharges an employee, the unpaid wages earned at the contract rate are due and payable on the day of the discharge (RSMo 290.110). Your demand letter should state that this deadline has passed.
Missouri sets no separate statutory deadline for employees who quit; RSMo 290.110 addresses discharge. A quitting employee is generally paid on the next regular payday under the usual pay schedule. State your last day and the payday that followed it.
If a discharged Missouri employee requests the money in writing and it does not reach the designated station or office within seven days, the wages continue from the date of discharge at the same rate as a penalty until paid, but not more than sixty days (RSMo 290.110). Make a written request and reserve this penalty.
Final wages include your earned unpaid wages at the contract rate. Missouri does not require payout of accrued unused vacation on separation unless the employer's policy or a contract provides for it, in which case it is enforced as agreed. Check your handbook and list any promised vacation payout.
Missouri has no broad state statute restricting deductions from a final paycheck for private employers, so the federal FLSA limits control. An employer may not deduct for items that primarily benefit the employer where the deduction drops pay below the minimum wage or cuts into overtime due. Dispute any improper deduction.
A Missouri worker can file a wage complaint with the Missouri Department of Labor and Industrial Relations, Division of Labor Standards, which can investigate. The Division does not pursue individual wage claims in court, so a private action may be needed, including small claims court for amounts of $5,000 or less. Keep your records for the claim.
Send the written request and demand to the employer using a trackable method such as certified mail with return receipt, and keep a copy of the letter and the delivery record. In Missouri the written request also starts the seven-day clock for the continuing-wage penalty, so proof of the request and its date is important.
In Missouri the deadline to sue on a wage or contract claim for unpaid wages is generally five years (RSMo 516.120). A federal FLSA minimum-wage or overtime claim is two years, or three years for a willful violation. Filing promptly is the practical course.
Frequently Asked Questions
It is a written demand a departed Missouri employee sends a former employer to collect final wages that were not paid on time. The letter names the wages owed, the separation date and type, and the deadline the employer missed under RSMo 290.110, and it demands payment by a set date. In Missouri a written request also matters, because the continuing-wage penalty under Section 290.110 runs when a discharged employee requests the money in writing and it is not paid within seven days. It documents that you asked for your wages before you file a complaint or sue.
It depends on how the job ended. If the employer discharged the employee, the unpaid wages earned at the contract rate become due and payable on the day of the discharge (RSMo 290.110). Missouri does not set a separate statutory deadline for employees who quit, so a quitting employee is generally paid on the next regular payday under the usual pay schedule. Once the applicable point passes with no payment, a demand letter is the usual next step before filing a complaint.
Missouri ties its penalty to a written request. If a discharged employee requests the money in writing and it does not reach the designated station or office within seven days of the request, then as a penalty the wages continue from the date of discharge at the same rate until paid, but not for more than sixty days (RSMo 290.110). The penalty is measured by your rate of pay, not the amount still owed. Making a clear written request and keeping proof of it is important to preserve this penalty.
Not by force of state law. Missouri does not require an employer to pay out accrued but unused vacation or PTO on separation unless the employer's own policy or an employment contract provides for a payout. Where a policy or contract does provide for it, that promise can be enforced. Check your employee handbook or offer letter, and if a payout is promised, list the unpaid vacation in your Missouri final paycheck demand letter along with your earned wages.
Missouri has no broad state statute restricting deductions from a final paycheck for private employers, so the federal FLSA limits control. An employer may not make deductions for items that primarily benefit the employer, such as cash shortages, uniforms, or tools, to the extent the deduction drops your pay below the minimum wage or cuts into overtime pay due. You can dispute any deduction that violates those limits in your demand letter.
You can file a wage complaint with the Missouri Department of Labor and Industrial Relations, Division of Labor Standards, which can investigate. The Division is not authorized to pursue an individual employee's wage claim in court, so you may need to bring a private action to collect, including in small claims court for amounts of $5,000 or less. Sending a demand letter first often resolves the dispute, and if it does not, it becomes evidence that you tried to collect your final wages.
In Missouri the deadline to sue on a wage or contract claim for unpaid wages is generally five years (RSMo 516.120). A federal FLSA minimum-wage or overtime claim has a shorter deadline of two years, or three years for a willful violation. Deadlines turn on the facts, so sending your demand letter and pursuing your claim promptly is the practical course rather than waiting near the limit.
A Missouri demand letter should identify you and the employer, give your dates of employment and how and when the job ended, and state the wages owed, including any vacation payout your employer's policy promises. It should state that the day-of-discharge deadline under RSMo 290.110 has passed, make a clear written request and demand for payment by a specific date, and reserve the continuing-wage penalty of up to sixty days that applies when a written request goes unpaid for seven days. Closing with your intent to file a complaint or sue reinforces the demand.