All employees have rights, many of which are outlined in the employment contract.
One law that all Missouri employers must follow is to provide terminated employees with their final wages when an employee is fired.
But how soon should employees be paid?
And what should employees do if their employer isn’t providing their last paycheck in Kansas City?
If you haven’t been paid, it may be time to contact an employment attorney.
Employment Attorney FAQs: How Soon After Termination Must an Employee Be Paid?
In Missouri, the law is that employers who terminate employees must be prepared to pay all final unpaid wages on the same day as termination.
Paying the final wages on the same day ensures that the employee receives compensation for hours that have been worked.
If an employer fails to provide final wages on the same day as termination, then the employer legally has seven days to cut the final paycheck for unpaid wages.
This means that terminated employees should have final wages paid within one week of losing their job.
Can An Employer Withhold Wages?
No, there are no legal circumstances under Missouri state law that allows an employer to withhold wages.
If you have worked hours then you have earned wages, and there is no reason why your employer should be able to withhold your final paycheck.
If an employer is withholding your paycheck for any reason, then they are committing an unlawful act and you may be entitled to a lawsuit filed by an attorney so you can receive your wages.
Taxes
That said, there is a difference between withholding the entirety of your paycheck and withholding a portion for tax purposes.
If you are unsure about whether too much of your paycheck has been withheld for state and federal taxes, then you should speak with a payroll manager who can assess your pay stub and tax information.
Even for your final paycheck, you should expect your regular taxes to be withheld.
Other Deductions
Other deductions that can be made from your final paycheck can include it benefits you may have received from your employer outside of work, such as meals, lodging, and travel expenses.
Your employer is entitled to deduct the cost of these expenses from your final paycheck.
However, there should be a statement or invoice outlining what these deductions are.
What If You Don’t Get Your Final Wages?
If you do not receive your final paycheck within seven days of your termination, then you are entitled to make a written request for your unpaid wages or file a lawsuit.
Following this process will allow you to collect all of the wages that are owed to you.
Former employers who do not respond to the requests for final paychecks will be subject to penalties under Missouri state law.
These penalties will include the cost of your final paycheck, as well as late fees.
Written Request
The first step of this process is contacting your former employer by certified mail with a letter requesting your final wages.
Your employer will then have one week to respond to this request.
This request written request will allow your former employer a total of 60 days to provide full unpaid wages.
Your final paycheck can be mailed to you, submitted through direct deposit, or can be received in person.
If your written request for your final wages is ignored and you do not receive your last paycheck 60 days after your termination, then you are entitled to file a civil lawsuit to collect your final wages.
Civil Lawsuit
The lawsuit will be civil because the state of Missouri and the Missouri State Department of Labor are not legally authorized to collect your unpaid wages.
The amount of your unpaid wages will determine whether or not you can file your claim in a small claims court or whether you need to file a lawsuit in the Circuit Court.
Employees attempting to collect unpaid wages below $5,000 will need to file a suit in small claims court.
How an Employment Attorney Can Help
If your complaint about your final wages is ignored, then you will need the assistance of Kansas City employment law attorneys to help you get your unpaid wages.
One of the most important things an employment attorney will do is examine your employment contract to understand what ductions you can expect from your final paycheck.
Your attorney can also assess whether or not your unused vacation hours should be part of your final paycheck.
An attorney will also help you file the written request for your unpaid wages, communicate with your employer or your employer’s lawyer on your behalf, and help you file a civil lawsuit if your wages are still unpaid after 60 days.
Under Missouri law, there is no legal reason an employer can withhold final wages.
Standard deductions can include outside expenses and normal state and federal taxes.
Your employer should pay unpaid wages within seven days of your termination, or within 60 days after submitting a written request for your last paycheck.
If you do not receive your unpaid wages, you can file a civil lawsuit.