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If you are fired or quit your job in Missouri, the state’s final paycheck rules will regulate when you receive your payment and what it should include. They apply equally to employers in St. Louis, Kansas City and Ozark, and are important for ensuring employees’ rights are protected during the stresses of leaving a job.
Employees should be aware of how the final paycheck rules apply to their particular circumstances, and understand their options if their employer appears to have broken the law.
If an individual has their employment contract terminated for any reason, the rules on final paychecks in Missouri say that the employee should be paid on the day they leave the company. If an employer fails to make the final payment at this time, an employee can make a written request for their final paycheck. Should an employer not make the payment within seven days of the request, they could be made to pay a penalty. The employee’s wages will continue at the same daily rate for up to 60 days or until the final paycheck is paid.
This final paycheck deadline does not apply to employees whose pay is based mainly on commission, where an audit is needed to assess how much commission is due.
There is no law in Missouri on when a final paycheck should be paid to an employee who quits. However, it is generally understood that payment should be made at the next regularly scheduled payday.
Missouri rules on deductions from final paychecks include things like meals, lodging, and tuition that the employee might have received for their benefit outside of work. Deductions for these goods and services are allowed, as long as they do not take the wage below Missouri’s minimum wage level. Deductions can also be made for purposes such as state and federal taxes or for court-ordered payments.
An employer should provide a statement that shows the total amount of deductions made.
Missouri does not require employers to offer any vacation to their workers. This means there is no legal requirement to pay unused vacation days as part of the final paycheck. However, if an employer has established policies and contracts that say an employee can expect vacation days to be paid, a court may order them to be included as part of the final paycheck.
If an employer fails to pay a final paycheck, an employee might be able to file a civil action to recover their unpaid wages. If successful, they may also receive additional wages, paid as a penalty for late payment by their employer.
It is often advisable for an employee in this position to consult with a Missouri wage and hour attorney, who can advise them on the available options based on their particular circumstances.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified wage and hour lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local wage and hour attorney to discuss your specific legal situation.