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Malik Thomas

Can business owners collect unemployment in California EDD?

Okay so I need some real answers here because I'm getting conflicting information from everyone I talk to. I ran a small landscaping company for about six years, had it set up as an S-corp with myself as the sole shareholder and officer. The drought conditions this year destroyed my client base and I ended up dissolving the business last month. No employees left, no income coming in, nothing. Here's where it gets complicated - during those six years I paid myself a W-2 salary through the business. My accountant always handled the payroll taxes, and I assume SDI and all the standard California withholdings were done correctly. I never really paid attention to the specifics. Now I'm sitting here wondering if that W-2 history counts for unemployment purposes or if EDD is going to look at me and say 'you owned the business, you don't qualify.' I filed a claim two weeks ago and it's just sitting there showing pending weeks. No interview scheduled yet, no explanation. My DE 429Z came in the mail showing a weekly benefit amount, so something is processing, but I honestly have no clue if I'm going to get approved or denied. I know there's probably going to be a phone interview since the circumstances are unusual. Has anyone here gone through this as a former business owner? What actually happened with your claim?

Dissolved S-corp last quarter, same W-2 situation as you. Getting through to EDD to ask about the owner-officer question took me forever until I tried Claimyr (claimyr.com) - basically it holds your place in the phone queue so you end up talking to a live EDD agent without spending your whole morning redialing. There's a video they put together on reaching a live person at EDD: https://youtu.be/JmuwXR7HA10. When I finally got through, the agent pulled up my claim and confirmed that the pending status was because they needed to verify the officer wage history from my payroll records - nothing about disqualifying me outright as an owner. She said to have my W-2s and any corporate dissolution paperwork ready for the phone interview.

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This is really helpful, thank you. The W-2 angle is exactly what I was hoping applied here. Did they actually schedule your interview after that call or did you have to push for it?

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The interview date showed up on my UI Online homepage about four days after that agent call. The DE 4800 notice came in the mail a day later with the same date and time on it.

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Useful to know the agent was able to actually see the pending reason. I've been staring at my Claim History for two weeks with zero context.

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W-2 wages from your own S-corp absolutely go into your base period calculation, assuming the payroll was run correctly and the taxes were remitted to EDD. The standard base period covers the first four of the last five completed calendar quarters before your claim starts, so six years of W-2 salary gives you a solid wage history to draw from. EDD's Unemployment Benefit Calculator on their site can give you an estimate, but the real number was already on your DE 429Z.

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So the fact that I was the shareholder doesn't automatically knock me out? That's the part I keep second-guessing.

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Owning shares doesn't disqualify you by itself. What matters to EDD is whether you had covered wages reported under your Social Security number and whether you're genuinely out of work now. A dissolved business where you can't just reopen tomorrow is very different from someone who could technically restart operations whenever they want.

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This matches what my CPA told me too but it's good to hear from someone who actually went through it.

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My understanding was that business owners can NEVER get unemployment and that EDD will just deny everyone who owned a company. Is that actually wrong? I told my brother-in-law this last week and now I feel like I gave him bad info.

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That's a really common misconception. EDD looks at whether you had W-2 wages with proper payroll taxes, not at whether you held an ownership stake. If you paid yourself through payroll like an employee and the business is now closed, you have the same path to benefits as any other former worker. Your brother-in-law should file if he had W-2 wages from a dissolved entity.

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Okay I'm calling him right now. He dissolved his LLC two months ago and hasn't filed because he assumed he couldn't.

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Same misconception got me. Filed anyway after reading threads like this one and my claim went through fine.

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The phone interview is going to be the key step for you. When EDD sees that you were an officer of the corporation that just shut down, they'll want to understand that the closure was real - not just a tax strategy or a temporary pause. Have documents showing the actual dissolution filing with the state, any final payroll records, and your last few W-2s. The interviewer is going to ask why the business closed and what your ability to work looks like now.

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The dissolution was filed with the state, I have all of that. My concern is more about what 'ability to work' means in my case since my skills are pretty specialized in landscape design - does EDD expect me to be applying for any job or just jobs in my field?

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EDD requires that you're genuinely able and available for work and actively looking. The work search piece doesn't specify your field, just that you're making real efforts to find employment. Keeping a record of where you apply each week is a habit worth getting into regardless.

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The dissolution documents are really important. My interview went smoothly once I could clearly explain that the entity no longer legally existed.

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Went through this exact sequence eighteen months ago with my dissolved LLC. The pending weeks cleared about three weeks after my phone interview and I got paid back to the waiting week. The whole thing felt uncertain the entire time but it did work out.

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Three weeks after the interview for the pending weeks to clear - that's good to know timeline-wise. Did you have to do anything after the interview or just wait?

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Just certified every two weeks and waited. The payments for the pending weeks all came through at once after the determination was made.

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Certifying through the whole adjudication period is so important and I feel like nobody emphasizes it enough. If you stop certifying while they're still deciding, they can't pay you for those weeks later.

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quick question - do you have to register on CalJOBS even as a former business owner? like does that apply to everyone or just regular employees

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CalJOBS registration applies to most claimants regardless of how they were previously employed. After you apply, watch for the Notice of Requirement to Register for Work (DE 8405) - most people have 21 days from the date on that notice to register on CalJOBS and post a resume. Missing it can stop your payments. EDD will tell you if you're one of the exceptions who doesn't need to.

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oh wow I didn't know that at all, I've been ignoring the CalJOBS stuff assuming it was optional. logging in right now

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Yeah the CalJOBS requirement caught me off guard too. Got the DE 8405 and barely noticed it in the stack of mail from EDD.

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Former S-corp officer here, filed last year after shutting down my consulting practice. The adjudication process ran about five weeks total from application to first payment - it felt forever at the time but looking back it wasn't unusual given the complexity of the situation.

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Five weeks is longer than I was hoping but good to have a realistic expectation. How was the actual phone interview - was it confrontational at all?

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Not confrontational at all. The interviewer asked straightforward questions: when did the business stop operating, was there any work I could still do through it, was I available for other employment. I answered honestly and that was pretty much it. The DE 4800 had given me a preview of the questions anyway.

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The DE 4800 preview of questions is underrated - actually helped me prepare real answers instead of rambling.

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The waiting week thing confused me for so long. You have one unpaid week built into every claim and it's usually that first week you certify. So don't panic when you see one week not getting paid - it's not a penalty or anything being held back because of your situation.

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I actually didn't know that. So the first certification usually covers the waiting week and then one paid week?

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Exactly right. First certification, two weeks, one is the unpaid waiting week and one gets paid. Everything after that is two weeks paid when you certify on time.

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I thought the waiting week was something that only applied to certain claim types. Good to know it's universal.

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My sister told me business owners can get unemployment now because of some new law but I haven't been able to find anything about it online. Is that actually true or is it just the existing W-2 wages rule that's always been there?

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The W-2 wages path has been there all along - it's not a new law. If you paid yourself W-2 wages through a business entity and had proper payroll taxes reported to EDD, those wages count toward your base period like any other employment. What's changed over the years is more about awareness that this pathway exists.

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okay that makes more sense. so it's not a special new rule just the regular rules applying to a situation people didn't realize applied to them

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Pretty much. EDD doesn't have a separate business owner category - it just looks at covered wages and whether you're genuinely unemployed.

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The appeals process is worth knowing about even if you don't need it. If EDD denies you after the interview, you get a Notice of Determination (DE 1080CZ) with an Appeal Form (DE 1000M) attached. You have 30 calendar days from the mailing date on that notice to appeal in writing. Keep certifying even during an appeal because EDD can only pay back weeks that were actually certified.

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I'm hoping it doesn't come to an appeal but it's good to know the timeline. 30 days from the mailing date, not from when I receive it?

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From the mailing date on the notice itself, yes. Mail can take a few days so don't sit on it. The appeal goes to the address printed on the notice.

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The 30-day window goes fast. I almost missed mine because I kept thinking I'd deal with it after the weekend.

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DE 429Z came and showed $310 a week for me after I dissolved my partnership interest last spring. I was skeptical it was actually going to process given the ownership angle but the interview went fine and payments started. Used Claimyr to get through before my interview date because I had a question about which weeks were showing pending - the agent told me four specific weeks were held pending the interview outcome and that they'd release once EDD made the determination.

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$310 is in the range I was expecting based on my salary history. Good to know an agent can actually tell you which specific weeks are pending rather than just 'check UI Online.

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Knowing the pending weeks are tied to the interview outcome and not some other hold is actually reassuring. At least there's a clear path.

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Does dissolving mean you're automatically out of work in EDD's eyes or do they still treat it like a quit vs layoff situation? I've seen conflicting stuff online.

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Dissolution of the entity itself is different from a voluntary quit from a job. That said, EDD is going to look at whether the business genuinely ceased operations or whether the owner could just restart it. That's largely what the phone interview determines - they want to understand the real situation, not just what documents say.

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okay so the interview is basically where EDD decides how to categorize the whole thing

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Exactly. The interviewer gathers the facts, both you and potentially your former business circumstances are part of the picture, and EDD makes its call. The determination comes after that.

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My accountant told me my payroll taxes weren't properly remitted to EDD for about two of the six years I ran my company. Does that torpedo my whole claim or just those two years of wages?

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The base period only covers the first four of the last five completed calendar quarters before your claim, so depending on when those two years were, they may not even be in your base period at all. If some of those improperly remitted wages do fall in your base period, that's a situation worth asking EDD about directly - there's no clean general answer because it depends on what records EDD has under your Social Security number.

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The last two years were done correctly so that's probably a relief. The earlier problem years should be outside the window then.

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Worth double-checking by using EDD's Unemployment Benefit Calculator on their site with just your verified wages to see what the estimate looks like.

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Pending status in Claim History after a business owner application is totally normal. The adjudication process just takes longer when there's an ownership question because EDD needs to verify more than a standard layoff situation. It doesn't mean you're being denied.

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The pending status is what's been making me nervous because there's no explanation attached to it, just the status showing in Claim History.

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EDD doesn't put a reason for pending in UI Online - you just see the status. The explanation comes through the phone interview process and then the determination after.

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This is something they really should communicate better. No explanation attached to pending has caused so much anxiety for so many people.

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Had my own landscaping side work while I collected benefits and it got complicated fast. Just wanted to flag for OP that if you do any paid landscape work while your claim is active you have to report those wages for the week they were earned, not when the check clears.

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Good flag - I do occasionally get asked to consult on a design project. So even if I invoice and don't get paid for three weeks, I'd report it in the week the work happened?

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Yes, week it was earned, full stop. The UI Online Report Wages tool helps you work it out before you certify.

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Worth adding - the first $25 or 25% of gross weekly earnings, whichever is more, isn't counted against your benefit. Anything above that gets subtracted from your weekly amount. Full-time work in a week means no benefit for that week regardless of what the number comes out to.

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Something I wish I'd known earlier: the DE 429Z showing a weekly benefit amount doesn't mean EDD has decided you qualify. It's showing what your wages support as a potential benefit. The actual eligibility decision comes after the phone interview and adjudication.

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Yeah I had that confusion and I'm glad I didn't tell people 'I got approved' when I saw the DE 429Z. Good clarification.

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A lot of people make that mistake and then are blindsided when a denial notice shows up later. The DE 429Z is about the wage calculation, not the eligibility determination.

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Approval is kind of a fuzzy term because EDD doesn't send an approval letter - you just start seeing payments processed after the interview outcome. If they deny you, the DE 1080CZ is what comes in the mail.

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Got denied the first time I filed after closing my shop. The stated reason on the DE 1080CZ was about officer control - EDD's position was that I still had the ability to reopen the business. I appealed using the DE 1000M, submitted the final dissolution paperwork with the appeal letter, and the administrative law judge sided with me at the hearing.

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The 'ability to reopen' argument is exactly what I've been worried about. How did you show at the hearing that you couldn't just reopen?

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The dissolution certificate, final tax return showing zero activity, surrender of the business license, and testimony that I had no capital or contracts to restart with. The judge wanted to see that it was a genuine end, not a temporary suspension.

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This is a really useful data point for anyone worried about officer control denials. The appeal path exists and the documentation angle makes the difference.

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My claim took about four weeks total from application to first payment and I was an S-corp officer the same as you describe. The interview lasted maybe twelve minutes. First question was about the last day I did any paid work for the entity, second was about whether the corporation still had any assets or active contracts.

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Twelve minutes - that's shorter than I expected honestly. No assets, no active contracts, nothing ongoing. Sounds like I'm answering the same questions.

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Exactly those two things matter most. If the entity is genuinely empty and legally dissolved, the interview is pretty straightforward.

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Mine was similar in length. The interviewer had specific questions written out and went through them methodically, wasn't trying to catch me in anything.

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Payroll taxes and SDI deductions for the base period are what this whole thing hinges on. If your accountant ran proper payroll and EDD got the tax deposits, those wages are in the system under your SSN and the calculator will find them. If anything looks off when you get your DE 429Z wage amounts, you can contact EDD through UI Online messaging to ask about what quarters they're seeing.

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My DE 429Z number looked reasonable based on my salary history so I think the payroll was clean. The UI Online message option is good to know about if something seems off.

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The message option through your UI Online account is slower than the phone but it creates a paper trail which is sometimes useful when you're dealing with wage verification questions.

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Used the UI Online message for a wage question last month - took about a week to get a response but the answer was definitive.

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Just got my DE 4800 in the mail this morning for my own officer-of-dissolved-LLC situation - interview scheduled for next week. Tried getting through on 1-800-300-5616 to ask a quick question about which form I need to bring up during the interview and finally got to a live agent through Claimyr. Agent confirmed the DE 4800 itself lists the documents they're likely to ask about and that I should have my dissolution paperwork accessible during the call.

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The DE 4800 listing the documents is something I hadn't noticed - going to reread mine carefully. Good luck on your interview next week.

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Rereading it was worth it. There's a section I'd skimmed that actually addresses the officer question specifically.

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Benefits being taxable at the federal level is something I found out the hard way last year. EDD lets you choose 10% federal withholding when you certify - for former business owners who were in higher brackets, that 10% might not even cover everything, so worth talking to your accountant about whether to set money aside separately.

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I hadn't thought about withholding at all. Good point to bring to my accountant.

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The 1099G for the year shows up in UI Online under Payments by January 31st of the following year, and EDD mails it too unless you chose paperless. Keep track of that for filing.

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California doesn't tax unemployment benefits though so the 1099G is only relevant for federal purposes. Worth keeping straight in your records so you're not overpaying state.

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EDD's Unemployment Benefit Calculator on their site is actually pretty accurate for W-2 wage situations like this. Plugged in my numbers before filing and the estimated weekly amount was within $12 of what ended up on my DE 429Z.

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I used it before filing and it gave me roughly what the DE 429Z showed, which was reassuring that the payroll was recorded correctly.

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If the calculator and the DE 429Z agree, that's a good sign the wage records are clean in EDD's system.

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Last thing I want to add for OP and anyone else in this situation: the payments go to a Money Network prepaid debit card automatically unless you go into myEDD and choose direct deposit. Setting up direct deposit before payments start flowing is worth doing so you're not waiting on a physical card to arrive in the mail.

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Already switched to direct deposit in myEDD - appreciate the heads up though because I know that trips people up.

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Got the Money Network card before I noticed I could set up direct deposit. Switching after payments had already started was easy enough.

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Payment info updates daily in UI Online and you can also check on the EDD phone line at 1-866-333-4606 anytime, that one runs 24 hours.

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