Final Paycheck Demand and Wage Claim — Missouri

Final Paycheck Demand and Wage Claim (MISSOURI)

Quick-Reference Summary

Part A — Demand Letter to Former Employer

[DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED — TRACKING NO. [________]
AND VIA HAND DELIVERY TO REGULAR AGENT

[EMPLOYER LEGAL NAME]
Attn: [OWNER / FOREMAN / KEEPER OF TIME / REGISTERED AGENT]
[EMPLOYER STREET ADDRESS — must be a "station or office where a regular agent is kept" per § 290.110]
[CITY], MO [ZIP]

Re: Statutory Written Demand for Final Wages Pursuant to RSMo § 290.110 — 7-Day Cure / 60-Day Continuing-Wage Penalty

Dear [NAME]:

I, [EMPLOYEE FULL LEGAL NAME] ("Claimant"), formerly employed by [EMPLOYER LEGAL NAME] ("Employer") as [JOB TITLE] from [START DATE] through [SEPARATION DATE], hereby make written request under RSMo § 290.110 for payment of all unpaid wages at the contract rate, without abatement or deduction, earned through my date of separation.

1. Statutory Trigger Under § 290.110

I was discharged / refused further employment by the Employer on [DATE]. Section 290.110 RSMo provides that on the day of discharge or refusal to further employ, my unpaid wages "shall be and become due and payable." This letter is the written request contemplated by the statute, sent to a station/office where the Employer keeps a regular agent. If the money or a valid check therefor does not reach me within seven (7) days of this written request, my wages shall, as a statutory penalty, continue at the contract rate until paid, for up to sixty (60) days.

2. Itemization of Wages Owed (Contract Rate, No Abatement)

3. Continuing-Wage Penalty Calculation (§ 290.110)

If unpaid more than 7 days from your receipt of this written request, the statutory penalty accrues at my regular contract rate. Illustration:

This 60-day penalty is in addition to the unpaid base wages.

4. Federal Minimum Wage and Overtime Overlay

To the extent any portion of the unpaid wages reflects unpaid minimum wage or overtime, RSMo § 290.527 and 29 U.S.C. § 216(b) provide liquidated damages equal to the unpaid wages (doubling) plus mandatory attorney's fees and costs. These remedies are cumulative with § 290.110 (the same dollars are not stacked, but the § 290.110 penalty for non-minimum-wage components is preserved).

5. Demand and Deadline

I demand payment of the total above by certified or cashier's check delivered to [DELIVERY ADDRESS] within seven (7) calendar days of your receipt of this letter — by [DATE]. Compliance within 7 days extinguishes the continuing-wage penalty under § 290.110.

6. Preservation of Evidence

You are on notice to preserve all payroll records, time records, commission/bonus agreements, vacation accrual records, the employee handbook, and all written and electronic communications relating to my employment and compensation.

7. Service Letter Demand (Parallel Right Under § 290.140)

To the extent the Employer is a corporation employing 7+ employees and I have completed at least 90 days of service, I additionally request, with specific reference to RSMo § 290.140, a signed Service Letter from the superintendent or manager setting forth the nature and character of my services, the duration thereof, and the truthful cause of my separation. This letter must be issued within forty-five (45) days of receipt of this certified-mail request.

8. Reservation of Rights

If full payment is not received within 7 days, I reserve the right to (i) file a Minimum Wage / Last Paycheck complaint with the Missouri Division of Labor Standards under Part B below; (ii) commence civil action in [COURT] for unpaid wages, the § 290.110 continuing-wage penalty up to 60 days, FLSA/MWL liquidated damages, and attorney's fees; and (iii) sue for Service Letter damages under § 290.140 (including potential punitive damages on a malice showing).

Sincerely,

____________________________________
[EMPLOYEE NAME]
[ADDRESS]
[CITY], MO [ZIP]
[PHONE] | [EMAIL]

Part B — State DOL Wage Claim Filing

B.1 Agency and Portal

B.2 Required Workflow

1. Send Part A demand to satisfy the § 290.110 written-request predicate. Wait 7 days.
2. If unpaid, file the LS-51-AI complaint with the Division of Labor Standards (online or mail). Mark "Last Paycheck NOT Received" and, where applicable, "Underpayment of wages" or "Overtime Compensation NOT Received."
3. The Division investigates and may attempt informal resolution. The Division's authority is strongest on minimum-wage / overtime / tipped-employee claims; for non-minimum-wage final-pay claims, the Division can refer or advise but enforcement typically requires civil suit.
4. File civil action in circuit or associate circuit court (or small claims for ≤ $5,000) seeking § 290.110 penalty, MWL doubling, FLSA doubling, and fees.

B.3 Information the Form Requires

☐ Claimant name, address, phone, email
☐ Employer legal name, address, phone, FEIN (if known)
☐ Dates of employment and rate of pay
☐ Currently employed by this employer? (yes/no)
☐ Type of complaint: ☐ Underpayment of wages ☐ Tipped Employee ☐ Overtime Compensation NOT Received ☐ Last Paycheck NOT Received
☐ Summary of complaint (concise narrative)
☐ Supporting documents (check stubs / payroll check copies, time records)

B.4 Attachments to Submit / Retain

☐ Pay stubs / wage statements
☐ Personal time records
☐ Offer letter, contract, commission/bonus plan, handbook, vacation policy
☐ W-2s / 1099s
☐ Termination correspondence
☐ Copy of Part A demand letter and certified-mail return receipt (this is your § 290.110 trigger document)
☐ Calculation worksheet showing base wages, daily contract rate, and 60-day penalty accrual

B.5 Civil Forum

B.6 Federal Overlay (FLSA)

Plead minimum-wage / overtime claims under 29 U.S.C. §§ 206, 207, 216(b) for liquidated damages and mandatory fees; 2-year SOL (3 if willful). FLSA and § 290.110 claims may be joined.

Part C — Pre-Send Checklist

☐ Confirm separation type: discharge / "refused to further employ" (yes → § 290.110 applies) vs. voluntary quit (plead in contract / MWL / FLSA instead).
☐ Verify employee is not in the § 290.110 audit exception (commission + collection / stock care).
☐ Confirm the Employer's correct legal entity and registered agent via the Missouri Secretary of State business search.
☐ Address Part A to a "station or office where a regular agent is kept" — this is statutorily required.
☐ Re-compute wages; cite contract rate (no abatement).
☐ Print and sign 2 copies; reference "RSMo § 290.110" in the subject line.
☐ Send via USPS Certified Mail, Return Receipt Requested; consider hand delivery with signed acknowledgment.
☐ Calendar Day 7 (penalty trigger) and Day 67 (60-day penalty cap).
☐ If applicable, include the § 290.140 Service Letter request in the same letter (with specific reference to the statute).
☐ Calendar SOL anchors: 2 years (FLSA / MWL), 5 years (§ 516.120), 10 years (written contracts § 516.110).
☐ Preserve all evidence; do not destroy texts/emails; instruct the employer to preserve.
☐ Confirm no enforceable arbitration / class waiver.

Sources and References

1. RSMo § 290.110 — Payment due discharged employee; 60-day penalty. https://revisor.mo.gov/main/OneSection.aspx?section=290.110
2. RSMo § 290.140 — Service Letter statute. https://revisor.mo.gov/main/OneSection.aspx?section=290.140
3. RSMo § 290.527 — MWL civil action; liquidated damages; fees. https://revisor.mo.gov/main/OneSection.aspx?section=290.527
4. Missouri Department of Labor — Minimum Wage Complaint Form (online). https://apps.labor.mo.gov/forms/minimum_wage/form.asp
5. Missouri Department of Labor — Minimum Wage Complaint Form (PDF). https://labor.mo.gov/media/pdf/ls-51-ai
6. Missouri Department of Labor — Division of Labor Standards. https://labor.mo.gov/dls
7. RSMo § 516.110 / 516.120 — Statutes of limitations. https://revisor.mo.gov/main/OneSection.aspx?section=516.110
8. FLSA, 29 U.S.C. §§ 201-219. https://www.dol.gov/agencies/whd/flsa

Last updated: 2026-05-21.