Firing an Employee in Missouri (2026)
Reviewed by DocDraft Legal Team · Missouri · Last updated August 19, 2026
Ending employment is governed by a federal floor, but Missouri sets its own rule for the final paycheck after a firing. Under Mo. Rev. Stat. 290.110, a corporation that discharges an employee must pay the wages earned at the contract rate on the day of discharge when the employee requests it. Missouri has no statute requiring payout of accrued vacation or PTO, so an employer's written policy or contract controls whether it is paid. A corporation that fails to pay within seven days of a written request can owe continuing wages as a penalty for up to sixty days. Missouri is an at-will state, but you may not fire for an illegal reason such as discrimination or retaliation. Complaints go to the Missouri Department of Labor and Industrial Relations.
When is a final paycheck due after firing someone in Missouri?
On the day of discharge, when requested. Under Mo. Rev. Stat. 290.110, a corporation that discharges an employee must pay the wages earned at the contract rate on the day of discharge if the employee requests payment. The statute is written for corporations, and it does not set a separate deadline for an employee who quits.
Does Missouri require paying out unused vacation or PTO when you fire someone?
No, not by statute. Missouri has no law requiring payout of accrued vacation or PTO at separation, so it is governed by your written policy or the employment contract. If your policy or an agreement promises the payout, it becomes enforceable. Absent a promise, unused vacation need not be included in the final check.
Is Missouri an at-will state, and can you fire without cause?
Yes. Missouri is an at-will state, so either party can end employment with or without cause and with or without notice. But you cannot fire for an illegal reason: discrimination or retaliation under the Missouri Human Rights Act, retaliation for protected activity, or a discharge that violates public policy. A contract can also limit at-will firing.
What is the penalty for a late final paycheck in Missouri?
Under Mo. Rev. Stat. 290.110, if a corporation does not pay a discharged employee within seven days of a written request, the wages continue at the same rate from the date of discharge as a penalty until paid. This continuing-wage penalty cannot run for more than sixty days. It applies to corporations doing business in Missouri.
Missouri's Day-of-Discharge Final-Pay Rule, PTO Posture, and Continuing-Wage Penalty
Missouri's final-pay statute, Mo. Rev. Stat. 290.110, is narrower than many states. It applies to a person, firm, or corporation doing business in Missouri that discharges an employee, and it requires that the wages earned at the contract rate be paid on the day of discharge when the employee requests it. When an employee quits, Missouri has no statute setting a specific final-pay deadline, so the Missouri Department of Labor and Industrial Relations directs quitting workers to their employer's regular pay practices; the day-of-discharge rule is written for discharge, not resignation. Missouri has no statute requiring payout of accrued vacation or PTO, so whether unused leave is paid at separation is governed by the employer's written policy or the employment contract; a policy that promises payout is enforceable. The penalty for late payment is a continuing wage: if a corporation fails to pay within seven days of the employee's written request, the wages keep accruing at the same rate from the date of discharge until paid, capped at sixty days. Missouri does not impose broad state termination notices beyond federal requirements, though employers should provide COBRA and unemployment information. Missouri has no state mini-WARN act, so only the federal WARN Act applies to mass layoffs. The named agency for wage complaints is the Missouri Department of Labor and Industrial Relations.
Relevant Laws
Payment Due Discharged Employee (Mo. Rev. Stat. 290.110)
Requires a person, firm, or corporation doing business in Missouri that discharges an employee to pay the wages earned at the contract rate on the day of discharge when requested. If a corporation does not pay within seven days of a written request, wages continue as a penalty from the date of discharge, capped at sixty days.
Accrued Vacation and PTO Payout (Policy Governs)
Missouri has no statute requiring payout of accrued vacation or PTO at separation. Whether unused leave is paid is governed by the employer's written policy or the employment contract. A policy or agreement that promises the payout is enforceable, but absent a promise it is not required as final wages.
At-Will Employment and No State Mini-WARN Act
Missouri follows the at-will employment doctrine, so either party may end employment with or without cause, subject to anti-discrimination and public-policy limits. Missouri has not enacted a state mini-WARN mass-layoff notice law, so only the federal WARN Act applies to covered layoffs.
Federal WARN Act (29 U.S.C. 2101 and following)
The federal Worker Adjustment and Retraining Notification Act sets the national floor, generally requiring 60 days advance written notice of a plant closing or mass layoff by employers with 100 or more employees. Because Missouri has no state mini-WARN act, the federal thresholds control layoff notice in Missouri.
Regional Variances
Missouri Termination Pay Table
Final pay if fired or laid off
Due on the day of discharge, when requested, under Mo. Rev. Stat. 290.110. The statute covers a person, firm, or corporation doing business in Missouri and requires payment of the wages earned at the contract rate. The employee may request in writing that payment be sent to a designated office.
Final pay if the employee quits
No specific statutory deadline. Mo. Rev. Stat. 290.110 is written for discharge, and Missouri has no separate final-pay-timing statute for a voluntary quit. The Missouri Department of Labor and Industrial Relations directs quitting workers to the employer's regular pay practices, so pay by the next regular payday.
Accrued vacation and PTO payout
Policy governs. Missouri has no statute requiring payout of accrued vacation or PTO at separation, and final wages under 290.110 do not automatically include vacation. Whether unused leave is paid depends on the employer's written policy or the employment contract; a promised payout is enforceable.
Late-pay continuing-wage penalty
Under Mo. Rev. Stat. 290.110, if a corporation fails to pay within seven days of the employee's written request, the wages continue at the same rate from the date of discharge as a penalty until paid. The continuing-wage penalty cannot run for more than sixty days.
Suggested Compliance Checklist
Confirm a lawful, non-discriminatory reason for the termination
Before you notify the employee days after startingVerify the decision is not based on a protected characteristic or protected activity and does not violate public policy under the Missouri Human Rights Act. Missouri is at-will, but firing for an illegal reason exposes you to a wrongful-termination claim. Review any contract or handbook terms that could limit at-will termination.
Prepare the final paycheck to meet the Missouri deadline
Ready by the discharge date days after startingCalculate the wages earned at the contract rate so the check is complete and available on the day of discharge when the employee requests it under Mo. Rev. Stat. 290.110. For a corporation, failing to pay within seven days of a written request triggers a continuing-wage penalty of up to sixty days.
Apply your vacation and PTO policy at separation
By the final pay date days after startingMissouri has no statute requiring vacation or PTO payout, so check your written policy or the employment contract. If either promises payout of accrued leave, include it in the final wages, because a promised benefit is enforceable. Document whether payout is owed to avoid a later wage dispute.
Assemble benefit and unemployment notices
By the discharge date days after startingPrepare COBRA or state continuation notices where health coverage applies and information on filing for unemployment through the Division of Employment Security. Missouri does not require a broad state termination notice, but provide any notices your benefit plans or policy require so the worker understands their options.
Document the decision and complete offboarding
On or before the last day days after startingRetain performance records and the reason for the decision, collect company property, cut off system access, and coordinate the end of benefits. Keep proof that final wages and notices were delivered on time. An employment attorney can help if the termination is contested or high-risk.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm a lawful, non-discriminatory reason for the termination | Verify the decision is not based on a protected characteristic or protected activity and does not violate public policy under the Missouri Human Rights Act. Missouri is at-will, but firing for an illegal reason exposes you to a wrongful-termination claim. Review any contract or handbook terms that could limit at-will termination. | - | Before you notify the employee |
| Prepare the final paycheck to meet the Missouri deadline | Calculate the wages earned at the contract rate so the check is complete and available on the day of discharge when the employee requests it under Mo. Rev. Stat. 290.110. For a corporation, failing to pay within seven days of a written request triggers a continuing-wage penalty of up to sixty days. | - | Ready by the discharge date |
| Apply your vacation and PTO policy at separation | Missouri has no statute requiring vacation or PTO payout, so check your written policy or the employment contract. If either promises payout of accrued leave, include it in the final wages, because a promised benefit is enforceable. Document whether payout is owed to avoid a later wage dispute. | - | By the final pay date |
| Assemble benefit and unemployment notices | Prepare COBRA or state continuation notices where health coverage applies and information on filing for unemployment through the Division of Employment Security. Missouri does not require a broad state termination notice, but provide any notices your benefit plans or policy require so the worker understands their options. | - | By the discharge date |
| Document the decision and complete offboarding | Retain performance records and the reason for the decision, collect company property, cut off system access, and coordinate the end of benefits. Keep proof that final wages and notices were delivered on time. An employment attorney can help if the termination is contested or high-risk. | - | On or before the last day |
Frequently Asked Questions
No. Neither Missouri nor federal law requires severance pay. It is owed only if an employment contract, company policy, or collective bargaining agreement promises it, or if you offer it in exchange for a signed release of claims. If you do promise severance, pay it on the stated terms, because an unpaid promise can become a wage claim.
No. Missouri has not enacted a state mini-WARN act, so only the federal WARN Act applies. Federal WARN generally requires 60 days advance written notice of a plant closing or mass layoff by employers with 100 or more employees. Because there is no stricter Missouri layoff-notice law, employers should plan around the federal thresholds.
Yes, if the firing was for an illegal reason. Even though Missouri is at-will, an employee can bring a claim for discrimination or retaliation under the Missouri Human Rights Act, retaliation for protected activity such as reporting a legal violation, or a discharge that violates a clear public policy. A breach of an express employment contract can also support a claim.
Often yes. In Missouri, a worker discharged for reasons other than misconduct connected with the work is generally eligible for unemployment benefits through the Division of Employment Security. Being fired for poor performance or laid off usually does not bar benefits; disqualification typically requires misconduct. The Division decides eligibility case by case.
Under Mo. Rev. Stat. 290.110, a corporation pays the wages earned at the contract rate on the day of discharge when the employee requests it. The employee may ask in writing that payment be sent to a designated office. If a valid check does not arrive within seven days of that request, a continuing-wage penalty starts, capped at sixty days.
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