Withholding Pay

• An employer in Missouri, as in other states, may attempt to withhold pay. In no case is an employer allowed to withhold pay if the work that he contracted the employee to do has been completed according to the terms of the contract. If no written contract exists, then the work is considered at-will and is secured by a verbal contract. In neither case is withholding pay ever acceptable.
  
  

Missouri Laws

• In Missouri, an employee who is owed money has the right to file a complaint with the Missouri Department of Labor and Industrial Relations. This department will then launch an investigation in the case if the evidence warrants it. In addition, the employee can also choose to file a complaint with the federal Department of Labor, which may also investigate the employer.
  
  

Other Actions

• If the employee can afford it, he may wish to retain private counsel. While state and federal governments will investigate claims of nonpayment by employers, the wheels of justice grind slowly, and it can often be more efficient for the employee to hire a lawyer with experience in employment law to advocate on his behalf. The lawyer may choose to send a letter to the employee threatening legal action, or to sue in court.
  
  

Exceptions

• While an employer cannot withhold wages, there are certain instances in which he is allowed to deduct wages from the employee's paycheck. For example, if the employee owes the employer money, then a Missouri employer is allowed to take this money out of the employee's paycheck in certain situations. In addition, if the employee is no longer with the company but still has the company's office supplies, the employer can deduct the cost from her paycheck.