Section 16 Remedy for Unpaid Wages and Accrued Benefits for Past Services

• Library: Damages 2012

Both properly discharged contract employees and properly discharged at-will employees have a remedy for unpaid wages and accrued benefits for past services. An employer cannot refuse to pay an employee unpaid wages and accrued benefits for services rendered up to the time of discharge unless this general rule is altered by contract, written waiver, or conduct of the parties. See:

Ley v. St. Louis Cnty., 809 S.W.2d 734, 736 (Mo. App. E.D. 1991) (at-will employee was entitled to the disability and retirement benefits he qualified for as part of his compensation)

Pratt v. Seventy‑One Hawthorne Place Assocs., L.P., 106 S.W.3d 608, 611–13 (Mo. App. W.D. 2003) (employer had an obligation to pay terminated at-will employee in accord with oral agreement wherein...