In response to the question, "How much time (per week) will you contribute to the operation of the business during your period of unemployment?" Morrow answered, "None Business is closed." In response to the question, "Do you expect to be reemployed with the business?" Morrow answered, "Yes" and stated her anticipated date of reemployment was "ASAP" as the Vice President. She estimated she spent twenty hours each week looking for a new location. She also provided she was involved in efforts to reopen the business, and she was looking for smaller locations to open a new restaurant. Regarding the future of the business, Morrow stated the business planned to reopen as soon as possible but no reopening date was set. On the application, Morrow wrote that the President, Vice President, Secretary, and Treasurer made the decision to close the business due to slow business and a lack of revenue. On her application for unemployment benefits, Morrow listed her position as Vice President and she stated she owned one-third of the business. As a result of the closing, Morrow applied for unemployment benefits on January 30, 2011. In the year and a half before the closing of the restaurant, the business lost $113,000.
Morrow testified she worked as the manager of Blue Star BBQ and "basically ran the restaurant." Blue Star BBQ closed on January 23, 2011. Employer operated under the trade name "Blue Star BBQ" as a restaurant and catering business in Spartanburg, South Carolina. Employer issued 10,000 shares of stock with Raymond Hicks owning 6,500 shares and Christopher Morrow, Morrow's husband, owning the remaining 3,500 shares. FACTS/PROCEDURAL HISTORY A Wing and a Prayer, Inc. The SCDEW argues the ALC exceeded its scope of review when substantial evidence supported the Panel's decision to deny Morrow unemployment benefits and the ALC erred in failing to consider Morrow's controlling interest in her employer as a relevant factor in creating her own unemployment. KONDUROS, J.: The South Carolina Department of Employment and Workforce (SCDEW) appeals the Administrative Law Court's (ALC) reversal of the SCDEW Appellate Panel's (Panel) finding that Kimberly Morrow was ineligible for unemployment benefits. 5235 Heard FebruFiled AFFIRMED Eugene Belton McLeod, III, and Debra Sherman Tedeschi, of South Carolina Departement of Employment and Workforce, both of Columbia, for Appellant. Robinson, Administrative Law Judge Opinion No.
2012-207406 Appeal From The Administrative Law Court Shirley C. South Carolina Department of Employment and Workforce and A Wing and A Prayer, Inc., Defendants, Of whom South Carolina Department of Employment and Workforce is the Appellant, and A Wing and A Prayer, Inc. THE STATE OF SOUTH CAROLINA In The Court of Appeals Kimberly M.
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