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Home / Opinions / Courts / Court of Appeals, Eastern District / Unemployment Compensation: Denial Of Benefits – Voluntary Leave – Pay Withheld

Unemployment Compensation: Denial Of Benefits – Voluntary Leave – Pay Withheld

Where a claimant’s employer made a unilateral decision to withhold the claimant’s paycheck two days before payday and the employer did not promise to pay the claimant at a subsequent meeting, the employer could not reasonably expect to eliminate the claimant’s pay and have him report to work and the evidence did not support the finding that the meeting was simply a negotiation, so by refusing to pay the claimant, the employer effectively fired the claimant, and the case is remanded for a finding on whether the discharge was for misconduct.

Judgment is reversed and remanded.

Wood v. Kuhlmann Supply Company, Inc. (MLW No. 63147/Case No. ED96694 – 8 pages) (Missouri Court of Appeals, Eastern District, Richter, J.) Appealed from the Labor and Industrial Relations Commission (Ron Ribaudo for appellant) (Jeannie Desir Mitchell for respondent).

Read the full text of this opinion. (PDF)