(a) Disqualification for Benefits. - An individual is disqualified for benefits if the Division determines either of the following:
(1) The individual is customarily self-employed and can reasonably return to self-employment.
(2) The individual or the individual's spouse is unemployed because the individual's ownership share of the employer was voluntarily sold and, at the time of the sale, one or more of the following applied:
a. The employer was a corporation and the individual held five percent (5%) or more of the outstanding shares of the voting stock of the corporation.
b. The employer was a partnership, limited or general, and the individual was a limited or general partner.
c. The employer was a limited liability company and the individual was a member.
d. The employer was a proprietorship, and the individual was the proprietor.
(b) Duration of Benefits. - This subsection applies to an individual and the spouse of an individual who is unemployed based on services performed for a corporation in which the individual held five percent (5%) or more of the outstanding shares of the voting stock of the corporation. The maximum number of weeks an individual or an individual's spouse may receive benefits is limited to the lesser of six weeks or the applicable weeks determined under G.S. 96-14.4. (2013-2, s. 5; 2013-224, s. 19.)
Last modified: March 23, 2014