FINAL PAY FOR TERMINATED EMPLOYEES

We are an employer in the state of Missouri and need clarification on paying terminated employees. If the employer terminates an employee, is the employer required to present the terminated employee with his/her final check on the employee's final day of work?

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  • No. There is a Missouri statute that requires you to pay within 7 days of their written request.
  • [font size="1" color="#FF0000"]LAST EDITED ON 07-02-02 AT 01:47PM (CST)[/font][p][font size="1" color="#FF0000"]LAST EDITED ON 07-02-02 AT 11:14 AM (CST)[/font]

    Do you happen to know where I can find the statute that states that? I need the proof for my supervisor.

    I want to clarify that this is if we terminate an employee. My supervisor says that the 7 day rule is just if an employee voluntarily quits.

    Thanks for your help.
  • I found this in the book "Essential Facts - Employment" by Robert J. Nobile.

    "When to pay: Employees who are fired must be paid on the date of discharge. Employees may request that the money be sent to a regular agent (bank).

    What to pay: The requirement to pay wages on discharges does not apply to: (1) an employee's vacation pay that was based on the number of days worked in the preceding year and was payable only once in one sum and (2) an emplyee's balance in the company's payroll savings fund.

    Penalties: For violation of wage payment provisions: fines of $50-500. For failure to pay wages to fired employee with 7 days of request: wages continue for up to 60 days.

    Mo. Rev. Stat. Sections 290.080 et seq."

    You could also call your local Department of Labor just to be on the safe side. I find them to be pretty helpful in cases like this.
  • I, too, am in Missouri and found my information on the Internet at [url]www.dolir.state.mo.us/ls/wage_hour[/url]. It references RSMo. Chapter 290-080. If an employee is terminated, wages are due at time of termination. However, if not paid at that time, the employee should contact their former employer by certified mail return receipt requested, requesting wages that are due. The employer would have 7 days to respond to the written request. If the employer does not respond in 7 days, any money due would have to be collected by private legal action.
    If the employee quits, there are no requirements under Missouri law that address when wages are due. if wages are not paid by the next regular pay period, then the wages would have to be collected by legal action.
    Hope this helps.
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