What if My Employer Will Not Give Me My Last Paycheck? Missouri Statutes 290.110 and 407.913

Ross & Voytas, LLC represents workers who have not been paid properly.  Sometimes, we have encountered employers who fire an employee and thereafter believe that the terminated employee is somehow less deserving of his or final paycheck.  Missouri law provides employees who quit or are fired with some important protections.  We are able to use these laws to represent many of our wage and hour clients at no charge to those clients- it is the employer who must pay our fees.

We often use Missouri Statute 290.110 when we represent our wage and hour clients.  In short, if your employer does not give you your last check in a timely manner, then your employer can owe you up to two months of additional pay as a penalty.  We can sue to enforce this right.  You can find a copy of the statute here.  Once an employee quits or is fired, he or she has the right to demand their final paycheck.  After a proper demand, the employer has only seven days to turn over the employee’s final paycheck.  An employer who fails to turn over the final check must continue to pay the employee as though he or she were still working.  This continued payment can continue for up to sixty days after the termination of employment.

For example, suppose that Jason works for BigCo.  Jason makes $2,500 per month in wages.  On January 1, BigCo terminates Jason.  Jason makes a proper demand for his final paycheck on January 1.  BigCo fails to pay Jason.  On March 1, Jason sues BigCo under Statute 290.110.  Jason will likely recover the amount of his last paycheck, plus an extra two months’ worth of wages.  Jason’s claim will be worth more than $5500.  This is the type of claim that our Firm could prosecute at no cost to Jason.

Statute 290.110 does not apply to employees who earn commission.  In this situation, we use Missouri Statute 407.913.  You can find a copy of the statute here.  For employees who are in sales and earn commission, the employer must pay all earned commission at the time of the termination of employment.  If the employer fails to pay any earned commission, then the employer must pay the employee “an additional amount as if the sales representative were still earning commissions…”  In other words, if your employer will not pay you your final commission, then your employer is required to pay you as though you were still working, even after the termination of your employment.  This penalty continues until you receive the unpaid commission.

For example, suppose that Jason works for BigCo, this time in sales.  Jason makes $2,500 per month in commission.  On January 1, BigCo terminates Jason.  Jason eventually takes another job.  On April 1, Jason realizes that BigCo never paid him any commission for his last two weeks of work.  Jason earned commission during his last two weeks by selling BigCo products.  On April 1, Jason sues BigCo under Statute 407.913.  Jason will likely recover the amount of his last paycheck, plus an extra three months’ worth of wages.  Jason’s claim will be worth more than $7500.  This is the type of claim that our Firm could prosecute at no cost to Jason.

Please call us if you have a question.  Your case is important to us.
You can learn more about our practice at www.rossvoytas.com.

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