Missouri Final Paycheck Law (2026): Deadlines, Rules & FAQs

Last verified: October 2026 (against state statute text and official labor-agency pages)

Quick answer: Under the Missouri final paycheck law, an employee who is discharged must be paid all unpaid wages at the contract rate on the day of discharge, with no abatement or deduction (RSMo §290.110). Missouri has no state statute setting a final-pay deadline for employees who quit — paying quitters on the next regular payday is common practice, but it is practice, not a Missouri statutory deadline.

The deadlines: fired vs. quit

Missouri draws the sharpest line in this group of states: a hard same-day rule for discharges, and statutory silence for resignations.

Discharged employees: same day. Section 290.110 requires that a discharged employee be paid all wages then unpaid, at the contract rate, on the day of discharge, with no abatement or deduction. Tuesday’s termination means Tuesday payment — not Friday’s payroll run, and not within a grace period. Operationally: time the decision so payroll can act (a discharge decided at 4:45 p.m. on a Friday still carries a Friday deadline), and reconcile final hours and the contract rate before the discharge conversation, so the check can be produced that day, in full.

Employees who quit: no Missouri statutory deadline. Say it plainly, because many summaries get it wrong: Missouri has no state statute setting a final-pay deadline for an employee who resigns. The Missouri Department of Labor’s FAQ confirms there is no state timing requirement for quits. Most Missouri employers pay resigning employees on the next regular payday — a sensible, predictable practice — but §290.110 governs discharged employees, so do not cite it for quits. “No statutory deadline” does not mean “no obligation”: the wages are still owed, and the DOL FAQ points unpaid employees who quit to recovery by legal action, noting small-claims court for claims under $5,000.

The written-request continuation rule. If a discharged employee makes a written request to have the money or check sent to a designated station or office and it does not arrive within 7 days of the request, wages continue at the same rate as a penalty, capped at 60 days (§290.110).

Commissions and bonuses

Section 290.110 expressly excludes commission-based employees whose duties require an audit to determine the net amount due. If the net amount genuinely cannot be known until accounts, returns, or chargebacks are audited, the same-day rule does not apply to that employee in the same way. The exclusion is narrow:

  • It turns on audit necessity, not job titles. A salesperson whose commissions are fully calculable from completed sales on the discharge date is a poor fit for the exclusion.
  • Audit promptly, and document it. The exclusion addresses the impossibility of instant calculation, not indefinite delay. Keep the records showing what was included, adjusted, and why — that file is your defense if the amount is challenged.

Bonuses have no separate Missouri final-pay statute in the verified facts for this page. Treat an earned bonus under the governing plan: if earned and determinable, pay it; if the plan’s earning conditions were not met, document that analysis at separation.

Vacation, PTO, and other leave

Missouri has no state statute requiring payout of unused vacation or PTO at separation. The employer’s policy or agreement controls: a policy promising payout must be honored as written; a policy expressly providing forfeiture at separation generally defines the arrangement; and with no policy at all, expect arguments from past practice and statements made at hire — adopt a written rule before you need it.

Discharges need special care. Even where vacation is owed under policy, §290.110 requires a discharged employee’s wages on the day of discharge with no abatement or deduction. Do not let a vacation-balance disagreement delay undisputed wages — pay what is due that day, resolve any disputed balance promptly in writing, and keep accrual records current.

Deductions from final pay

For discharged employees, Missouri’s rule is blunt: §290.110 requires payment with no abatement or deduction. Whatever you believe the employee owes — property, shortages, damage, advances — the discharge-day check is not the place to take it. For employees who quit, no separate final-pay deduction statute appears in the verified facts for this page, but the same guidance applies:

  1. Do not net disputed debts against wages. Collect genuine debts through invoicing, agreement, or legal process.
  2. Distinguish legal withholdings. Taxes and court-ordered garnishments are imposed by law and documented by the order or statute requiring them; they are not employer-chosen “abatements.”
  3. Paperwork first. Any repayment arrangement should be a written agreement made when the money was advanced, not improvised at exit.

How final wages can be delivered

Missouri’s statute contemplates delivery directly to the discharged employee on the day of discharge, plus one alternative: the employee’s written request to have the money or check sent to a designated station or office.

  • Hand delivery at discharge is safest — it satisfies the same-day rule with a witness and a signed acknowledgment. Build the check before the termination meeting.
  • Honor a written request exactly. Send payment to the designated station or office immediately, by a provable method, and confirm arrival: if it does not arrive within 7 days of the request, wages continue at the same rate, up to 60 days.
  • Do not make the employee chase the check. Conditioning payment on a return visit or returned property conflicts with the same-day rule.

Penalties for late payment

Missouri’s penalty for late discharge pay is distinctive: instead of a fixed fine, the statute keeps the employee’s wages running.

  • Wage continuation (§290.110). If a discharged employee’s written request asks that the money or check be sent to a designated station or office and it does not arrive within 7 days of the request, wages continue at the same rate as a penalty.
  • The 60-day cap. Continuation is capped at 60 days — for most full-time employees, a five-figure mistake.
  • The underlying wages. Continuation is in addition to the unpaid wages, due in full at the contract rate with no abatement or deduction.
  • Quit-side claims. With no statutory timing rule for quits, there is no statutory timing penalty; unpaid wages are recovered by legal action, with the DOL FAQ pointing employees to small-claims court for claims under $5,000.

Worked examples

These examples apply only the §290.110 continuation rule, using the employee’s contract rate for a normal schedule.

Example 1 — Two weeks of continuation. A discharged warehouse employee earned $160 per day ($20/hour, 8-hour days). The employee requests in writing that the check be sent to a designated office; it never arrives, and the employer pays 14 days after continuation begins. Penalty wages: 14 × $160 = $2,240, plus the original unpaid wages.

Example 2 — The 60-day cap. A discharged salaried manager’s rate equals $250 per workday, and the employer ignores the written request entirely. Continuation runs to the cap: 60 × $250 = $15,000 in penalty wages, in addition to the final wages originally owed.

Example 3 — Arriving inside the window. Same facts as Example 1, but the check is sent by a tracked method the day after the request and arrives on day 3. The continuation penalty never triggers — the difference is four days of administrative attention, not the amount of the check.

How Missouri compares to neighboring states

Missouri is an outlier in both directions: its same-day discharge rule is stricter than the next-payday frameworks used by several neighboring states, while its absence of any quit deadline is looser than states that set one. A discharge handled on a “next payday” habit imported from another state violates §290.110 on day one. Federally, the Fair Labor Standards Act (FLSA) sets no final-paycheck deadline at all — it regulates minimum wage and overtime and leaves final-pay timing entirely to state law.

Common mistakes small businesses make

  1. Paying a discharged employee on the next payday — §290.110 requires payment on the day of discharge.
  2. Deducting from the discharge check for property, shortages, or advances, despite the “no abatement or deduction” language.
  3. Ignoring a written delivery request — mailing untracked so the check arrives after the 7-day window and starts continuation toward the 60-day cap.
  4. Inventing a quit rule in either direction. Missouri sets no statutory quit deadline, but the wages are still owed and employees can sue, including in small-claims court for claims under $5,000.
  5. Stretching the commission-audit exclusion to every commissioned employee, when it covers only those whose duties require an audit to determine the net amount due.

Compliance checklist

  1. Before any discharge, reconcile final hours and the contract rate so the full amount can be paid on the day of discharge, with no deductions.
  2. Deliver the check at the discharge meeting and obtain a signed acknowledgment.
  3. If the employee makes a written delivery request, send payment immediately by a provable method and confirm arrival well within 7 days.
  4. For commissioned employees, determine promptly whether a genuine audit is required to fix the net amount due; document it and pay the determined amount without unnecessary delay.
  5. For employees who quit, pay all wages owed on the next regular payday as standard practice, with records proving amount and date.
  6. Review the written vacation/PTO policy and apply it as written; never let a leave question delay undisputed discharge-day wages.

Missouri vs. federal law

The FLSA guarantees minimum wage and overtime but contains no final-paycheck timing rule — neither same-day discharge pay nor any quit deadline. Missouri law is therefore operative on timing: §290.110 imposes the day-of-discharge rule, the no-deduction rule, and the wage-continuation penalty for discharged employees, while quit timing is governed by practice and contract. Federal law still matters to the amount: overtime earned in the final workweek must be calculated correctly and included in the wages paid.

FAQ

When must a fired employee be paid in Missouri?
On the day of discharge. RSMo §290.110 requires all wages then unpaid to be paid at the contract rate on that day, with no abatement or deduction.

When must an employee who quits be paid in Missouri?
Missouri has no state statute setting a deadline for employees who quit; the Missouri Department of Labor FAQ confirms there is no state timing requirement. Most employers pay on the next regular payday as practice.

What happens if a discharged employee’s requested check does not arrive?
If the employee made a written request to send the money or check to a designated station or office and it does not arrive within 7 days of the request, wages continue at the same rate as a penalty, capped at 60 days (§290.110).

Are commissioned employees covered by the same-day rule?
Section 290.110 excludes commission-based employees whose duties require an audit to determine the net amount due — the exclusion turns on the genuine need for an audit, not the job title.

Does Missouri require payout of unused vacation at separation?
No state statute requires it. The employer’s written policy or agreement controls.

How can an employee who quit recover unpaid wages in Missouri?
By legal action. The Missouri DOL FAQ notes recovery through the courts, including small-claims court for claims under $5,000.

Related guides

This page is general information about Missouri final paycheck law, not legal advice. Wage rules change and individual situations vary — verify your obligations with the Missouri Department of Labor and Industrial Relations or an employment attorney before acting.

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