Final Paycheck Deadlines in Missouri
At a glance
| Governing law | Mo. Rev. Stat. § 290.110 sets the discharge/refusal deadline and penalty; § 290.130 addresses a related definite-term wrongful-discharge action |
|---|---|
| Deadline if fired or laid off | Wages earned at the contract rate are due on the day the employer discharges or refuses to further employ the worker (§ 290.110); a layoff that ends employment must be assessed under that wording |
| Deadline if the employee quits | Section 290.110 addresses discharge or refusal to further employ, and supplies no deadline for a voluntary quit; the quoted section's penalty is tied to those employer-initiated events |
| Unused vacation/PTO payout required? | Section 290.110 speaks of unpaid wages earned at the contract rate and does not expressly set a vacation or PTO payout rule; whether a separate amount is owed calls for the employment terms and other applicable law |
| How final pay must be delivered | After a written request to the foreman or timekeeper, wages or a valid check may be sent to a station or office with the employer's regular agent; the seven-day arrival condition controls the continuing-wage penalty (§ 290.110) |
| Penalty for a late or unpaid final check | If the money or valid check misses the requested station or office within seven days after a written request, wages continue at the same rate from discharge until paid, capped at 60 days (§ 290.110) |
| How to enforce it | Section 290.130 expressly recognizes an action for unpaid wages and the § 290.110 penalty; a definite-term employee discharged without cause may join a separate wrongful-discharge damages claim |
| Exceptions and special rules | Section 290.110 excludes an employee paid primarily on commission whose duties include collecting accounts, caring for stock or merchandise, or similar work when an audit is necessary or customary to determine the net amount due |
Requirements one by one
Deadline if fired or laid off
Mo. Rev. Stat. § 290.110 says unpaid wages “then earned at the contract rate, without abatement or deduction” become due on the day of discharge or refusal to further employ. The section does not use the word “layoff”; an employer ending work in that way must be evaluated under its discharge or refusal wording.
Deadline if the employee quits
Section 290.110 names discharge and refusal to further employ. Its payment date and continuing-wage penalty attach to those employer-initiated events; it states no date for an employee's voluntary departure.
Penalty for a late or unpaid final check
The employee may ask the foreman or timekeeper in writing to send the wages or a valid check to an employer station or office with a regular agent. If payment does not reach that place within seven days of the request, wages continue from discharge at the same rate until paid, with a 60-day cap. Section 290.110 exempts specified primarily commissioned workers when an audit is necessary or customary to calculate net pay.
What trips people up
The day-of-discharge due date and the seven-day arrival condition serve different purposes. The latter triggers the continuing-wage penalty after the employee makes the statutory written request. Section 290.110 itself does not classify vacation or PTO credits.
Common questions
Can an employer deduct an amount from wages due at discharge? Section 290.110 describes unpaid wages earned at the contract rate as payable “without abatement or deduction.”
Can a definite-term employee combine wage and wrongful-discharge claims? Section 290.130 allows a worker discharged without cause before the term expires to join the separate damages claim with an action for unpaid wages and the statutory penalty.
Statutes and sources
- Mo. Rev. Stat. § 290.110: “the unpaid wages of the servant or employee then earned at the contract rate, without abatement or deduction, shall be and become due and payable on the day of the discharge or refusal to longer employ.” Official text, accessed 2026-10-06.
- Mo. Rev. Stat. § 290.130: “such action may be joined with an action for unpaid wages and penalty.” Official text, accessed 2026-10-06.
Source links
Every statute quoted above, linked, with the date we checked it.
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