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Unpaid commissions in Missouri: earned is earned

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

Employers usually argue the commission was not "earned" yet. The answer is in the plan's own words: if every condition the plan sets had been satisfied before you left, the timing clause moves the payment date, it does not erase the debt.

Statute
Mo. Rev. Stat. § 290.110
If 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.
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.
PTO
Missouri requires payout of accrued vacation only where the employer's policy or contract provides for it.
Small claims limit
$5,000 for an individual
Last verified
2026-11-03 single source

What to put in the file before you write anything

  1. The commission plan or comp letter, including every amendment, and the exact definition of when a commission is earned.
  2. Deal records showing the sale closed, the customer paid, or whatever condition the plan requires.
  3. A calculation of each commission claimed, with the deal, the rate and the date the condition was met.
  4. Any email where a manager confirmed the amount — the most persuasive document in most commission disputes.

What the letter does that a phone call cannot

A demand letter fixes three things at once: the amount, the date each item was due, and the date the employer was on notice. Every forum that can help you — the Missouri Department of Labor — Division of Labor Standards, a small claims judge — starts from those three facts. The letter is built from Mo. Rev. Stat. § 290.110 and your own figures, so the deadline it states is the one that applies to your separation, not a generic thirty days.

If the amount fits inside $5,000, small claims court is usually faster than an agency queue; if it does not, the agency route and a demand first is the cheaper path.

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Questions

Are commissions wages in Missouri?

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

My employer says commissions are paid only to current employees. Is that enforceable in Missouri?

A clause that forfeits commissions already earned is the clause most often struck down when challenged. The employer can usually set the timing of payment; it is much harder for it to keep money the plan says you earned.

Other situations in Missouri

being fired · resigning · a layoff · unused PTO · all Missouri rules

Reviewed 2026-11-03 against the sources listed on the Missouri page. This is a self-help document tool, not legal advice, and no outcome is guaranteed.