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Final paycheck law in Missouri: when your last wages are due

Missouri sets its own deadline, its own penalty, and its own rule on unused vacation. Here is what the statute says, what it is worth to you, and where to file if the money never arrives.

Statute
Mo. Rev. Stat. § 290.110
If you were fired
On discharge — with or without cause — unpaid wages earned at the contract rate become due and payable on the day of the discharge (Mo. Rev. Stat. § 290.110). Missouri is a same-day state.
If you resigned
If you quit, wages are due on the next regular payday; the same-day rule in § 290.110 is written for employees who are discharged or refused further employment.
If you were laid off
A layoff counts as a discharge under § 290.110: wages are due on the day of separation.
Late-pay penalty
Section 290.110 is titled 'penalty for delay': wages are due the day of discharge, and a late payment exposes the employer to a court-assessed penalty and, for a wilful failure, criminal exposure. The statute does not fix a percentage you can compute yourself, so this letter demands the wages and puts the exposure on the record.
Unused vacation
Missouri requires payout of accrued vacation only where the employer's policy or contract provides for it.
Commissions & bonus
Commissions earned at the contract rate are wages under § 290.110 and are due on the same schedule as other wages at separation.
Where to file
Missouri Department of Labor — Division of Labor Standards · 573-751-3403
Small claims limit
$5,000 for an individual — Associate circuit court small claims up to $5,000. · court self-help
Last verified
2026-11-03 single source

What Missouri law actually requires

On discharge — with or without cause — unpaid wages earned at the contract rate become due and payable on the day of the discharge (Mo. Rev. Stat. § 290.110). Missouri is a same-day state.

If you quit, wages are due on the next regular payday; the same-day rule in § 290.110 is written for employees who are discharged or refused further employment.

Missouri requires payout of accrued vacation only where the employer's policy or contract provides for it.

Commissions earned at the contract rate are wages under § 290.110 and are due on the same schedule as other wages at separation.

What being late is worth

Section 290.110 is titled 'penalty for delay': wages are due the day of discharge, and a late payment exposes the employer to a court-assessed penalty and, for a wilful failure, criminal exposure. The statute does not fix a percentage you can compute yourself, so this letter demands the wages and puts the exposure on the record.

This state does not impose a separate statutory penalty for late final pay. Treat that number as leverage in the letter, not as a promise: a court or agency decides what is actually owed, and the penalty provisions usually require the employer to have acted wilfully or without good cause.

If they still don't pay

File with the Missouri Department of Labor — Division of Labor Standards, which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in Missouri is $5,000. Both routes go better with a dated written demand and a certified-mail receipt, because the first question either forum asks is when the employer knew.

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Questions people ask about Missouri

When is my final paycheck due in Missouri?

On discharge — with or without cause — unpaid wages earned at the contract rate become due and payable on the day of the discharge (Mo. Rev. Stat. § 290.110). Missouri is a same-day state.

I quit — does the deadline change in Missouri?

If you quit, wages are due on the next regular payday; the same-day rule in § 290.110 is written for employees who are discharged or refused further employment.

Does Missouri require unused vacation to be paid out?

Missouri requires payout of accrued vacation only where the employer's policy or contract provides for it.

What can I do if my employer misses the deadline in Missouri?

Two routes: file a wage claim with the Missouri Department of Labor — Division of Labor Standards (https://labor.mo.gov/dls), or sue in small claims court where an individual's claim limit is $5,000. A dated written demand sent first is what makes either route easier, because it fixes the date the employer was on notice.

Sources

Only official sources are used: the state labor agency, the statute itself, and where relevant the U.S. Department of Labor. Third-party summary sites are deliberately excluded because they disagree with each other on penalty formulas.

Reviewed 2026-11-03 · reviewed again every 90 days.

By situation

being fired · resigning · a layoff · unused PTO · unpaid commissions

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