What can we do about my husband’s boss has made him wait more than 24 hrs for his final paycheck?

UPDATED: Aug 2, 2011

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What can we do about my husband’s boss has made him wait more than 24 hrs for his final paycheck?

My husband is a truck driver and gets paid every Saturday. Well he didn’t get paid this past Saturday and was told yesterday that he was fired (his boss thinks he was stealing fuel). My husband is the most honest man you will ever meet. He even changed 3 tires on the side of the road just so his boss wouldn’t have the tire bill, and does most repairs himself. He did what he could to save money. He was in AZ this past week and had to idle the truck a lot. My husband tried showing him his log books and any proof he could but his boss wouldn’t have it.

Asked on August 2, 2011 Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) If your husband did not have a contract, he was an employee at will and may be fired at any time, for any reason, even an unfair one; so the boss can fire him if he wants, even if your husband can prove he did not due what he is accused of. (If he had a contract, then any terms or conditions relating to reasons or process for termination would have to be followed).

2) While in MO, the final paycheck must be given immediately, if your husband now has it, there's really nothing he can do about the delay. If he sued, the most he could get is the amount by which he was actually injured by the delay; so unless the 24-hour delay somehow caused a large economic loss or damage to you, there is nothing he could effectively sue for.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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