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Laid off in Missouri: final pay, and what severance does not cover

A reduction in force is still a separation, and severance is not a substitute for wages already earned. In Missouri, a layoff counts as a discharge under § 290.110: wages are due on the day of separation.

If you were offered severance in exchange for a release, the release covers claims — it does not convert earned wages into a favour, and it does not move the statutory deadline.

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 layoff notice or WARN letter, which usually states the separation date the employer will rely on.
  2. The severance agreement, read for two things: what it says about final wages, and whether it asks you to release the wage claim itself.
  3. Your accrual balance for PTO, and the employer policy that governs forfeiture in Missouri.
  4. Any commission or bonus plan document, because the payment date in the plan is what an employer will point to.

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

Does accepting severance waive my final paycheck in Missouri?

No. Severance is consideration for a release of claims; earned wages are already owed. A release that purports to cover unpaid wages is a separate question, and one worth reading carefully before signing.

Is my layoff deadline different from a firing in Missouri?

A layoff counts as a discharge under § 290.110: wages are due on the day of separation.

Other situations in Missouri

being fired · resigning · unused PTO · unpaid commissions · 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.