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.
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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.
- 4
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
Final Pay Is Due on the Day You Were Fired
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.
No Separate State Deadline If You Quit
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.
Continuing-Wage Penalty Up to 60 Days
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.
What Final Wages Include and the Vacation Rule
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.
Limits on Deductions From a Final Paycheck
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.
Where to File a Wage Claim in Missouri
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 With Proof of Delivery
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.
Deadline to Sue for Unpaid 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 is two years, or three years for a willful violation. Filing promptly is the practical course.