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 BY ANY ADDITIONAL DOCUMENTED DELIVERY METHOD COUNSEL APPROVES

[EMPLOYER LEGAL NAME]
Attn: [FOREMAN / KEEPER OF TIME]
[STATION OR OFFICE WHERE A REGULAR AGENT IS KEPT]
[CITY], MO [ZIP]

Re: Written Request Under RSMo § 290.110 — Final Wages / Named Payment Destination

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 request in writing under RSMo § 290.110 that all unpaid wages earned at the contract rate, without abatement or deduction, be sent by money or valid check to the following station or office where a regular agent is kept: [PAYMENT DESTINATION].

1. Statutory Trigger Under § 290.110

I was discharged / refused further employment by the Employer on [DATE]. Section 290.110 provides that unpaid wages then earned at the contract rate become due and payable on that date. This request is directed to [FOREMAN / KEEPER OF TIME] and identifies the statutory payment destination above. If the money or a valid check does not reach that station or office within seven (7) days from the date requested, § 290.110 provides for wages to continue from the discharge/refusal date until paid, subject to the sixty-day cap and the statute's commission/audit exception.

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

3. Continuing-Wage Penalty Calculation (§ 290.110)

If the statutory prerequisites are satisfied and the money or valid check does not reach the named station or office within seven days from the request date, use counsel's calculation of the continuing-wage penalty. Illustration only:

The statutory calculation and all offsets, defenses, and overlap with other remedies must be reviewed by Missouri counsel before a dollar amount is asserted.

4. Federal Minimum Wage and Overtime Overlay

For a covered Missouri Minimum Wage Law violation, RSMo § 290.527 provides the wage deficiency plus an additional amount equal to twice the unpaid wages as liquidated damages, less amounts actually paid, together with costs and reasonable attorney fees as allowed. For a covered FLSA violation, 29 U.S.C. § 216(b) provides unpaid minimum wages or overtime plus an equal liquidated amount and requires reasonable attorney fees and costs. Do not assume that state, federal, and § 290.110 amounts stack without overlap, offset, or election analysis.

5. Demand and Deadline

I request that the money or valid check reach [NAMED STATION OR OFFICE] no later than seven (7) days from the date of this request, subject to counsel's calculation of the statutory date. Payment instructions: [________________________________].

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)

If the Employer is a corporation doing business in Missouri with seven or more employees, I served for at least ninety days, and this request is made no later than one year after separation, I additionally request by certified mail, with specific reference to RSMo § 290.140, a signed letter from the superintendent or manager stating the nature and character of my service, its duration, and the truthful cause, if any, of my separation. The statute provides forty-five days after receipt of the qualifying request.

8. Reservation of Rights

I reserve all rights to submit the current Missouri Minimum Wage Complaint Form, pursue any available civil claim, and seek relief authorized by applicable law. Nothing in this demand states that every listed remedy applies or may be recovered cumulatively.

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. If pursuing § 290.110, complete the statutory written request to the foreman or keeper of time and identify the station or office where a regular agent is kept. Preserve proof of the request date and delivery.
2. Separately evaluate whether to file the current LS-51 complaint online or by mail. The current form includes "Last Paycheck Not Received," "Underpayment of Wages," and "Overtime Compensation Not Received" categories.
3. Calendar the LS-51 statement that the Division can pursue administrative action only for two years from the end of employment, while separately calendaring the three-year MWL civil period and federal period.
4. Have counsel choose the court, claims, parties, and requested relief; this packet does not preselect a forum or assume remedies stack.

B.3 Information the Form Requires

☐ Claimant name, address, phone, email
☐ Employer legal name, payroll-check business name, address, phone, and contact
☐ 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 request and proof of its request/delivery date; certified-mail proof if the separate § 290.140 request is included
☐ Calculation worksheet showing base wages, daily contract rate, and 60-day penalty accrual

B.5 Civil Forum

Do not select a court from a generic dollar-limit chart. Have counsel determine
subject-matter jurisdiction, venue, amount in controversy, arbitration issues,
available joinder, and whether state or federal claims will be pleaded.

B.6 Federal Overlay (FLSA)

Evaluate minimum-wage and overtime claims under 29 U.S.C. §§ 206, 207, and 216(b). Section 255(a) generally supplies a two-year period and a three-year period for a willful violation. Confirm coverage, exemptions, accrual, tolling, and forum before filing.

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.
☐ Use a documented delivery method for the § 290.110 request; use certified mail if the same communication also makes the separate § 290.140 service-letter request.
☐ Calendar seven days from the statutory request date and the separate sixty-day cap measured from discharge/refusal, subject to counsel's calculation.
☐ If applicable, include the § 290.140 Service Letter request in the same letter (with specific reference to the statute).
☐ Calendar the MWL three-year civil period, the LS-51 two-year administrative statement, and the FLSA two-year / willful three-year periods.
☐ 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 §§ 290.502 and 290.505 — Missouri minimum wage and overtime. https://revisor.mo.gov/main/OneSection.aspx?section=290.502
8. 29 U.S.C. §§ 206, 207, 216, and 255. https://www.govinfo.gov/app/collection/uscode/2024/title29

Last updated and fully verified: 2026-08-24.