Missouri Court of Appeals, Eastern District / Feb 25, 2025
Leon Thomas, Jr., Appellant, v. Division of Employment Security, Respondent.
Leon Thomas, Jr. appealed a decision by the Labor and Industrial Relations Commission, which found he was overpaid unemployment benefits and ordered repayment because he failed to report vacation pay. On appeal, Thomas argued that the uncashed vacation pay check did not qualify as income, an argument the court noted was not raised below. The appellate court affirmed the Commission's decision, holding that "wages" for unemployment purposes include amounts "payable" for personal services, such as vacation pay, regardless of whether the claimant cashed the check.