Can self-employed LLC owners qualify for EDD benefits after losing major client?
I'm completely lost about what to do next. I've been running my own single-member LLC for about 3 years as a marketing consultant, and I just lost my biggest client who made up about 75% of my income ($8,900/month). They decided to bring everything in-house with no warning. I've been paying myself as the owner through owner's draws, not payroll, and now I'm wondering if I qualify for any unemployment benefits through EDD while I rebuild my client base? I've been paying my taxes and everything, but I'm confused about whether I can file an unemployment claim as an LLC owner? Has anyone gone through something similar? Really stressed about making mortgage payments next month.
20 comments
Amaya Watson
Unfortunately, if you've been taking owner's draws instead of setting up a formal payroll where you're paying into UI as an employee, you generally won't qualify for regular unemployment benefits in California. EDD unemployment is funded through payroll taxes that employers pay on behalf of their employees, and as a single-member LLC taking draws, you likely haven't been contributing to this system. Your options might include: 1. Check if you have any W-2 employment in your base period (typically the 12-15 months before filing) 2. Consider changing your structure going forward to pay yourself as an employee if you want this protection 3. Look into Disability Insurance Elective Coverage (DIEC) for future protection, though it won't help for this current situation Sorry to be the bearer of bad news, but traditional UI benefits probably aren't available in your situation.
0 coins
Tristan Carpenter
•Thanks for the clear explanation. That's what I was afraid of... I did have a W-2 job about 2 years ago before starting my LLC, but I guess that's too far back to count? I should have structured things differently from the beginning but had no idea I was giving up this safety net.
0 coins
Grant Vikers
this is why self employment is so risky!!!! the EDD system is basically USELESS for actual business owners. been there, got screwed by the system. i had to liquidate my retirement account when my business collapsed in 2023 becuz I wasnt eligible for ANY help. the whole system is designed for traditional employees and screws over entrepreneurs. I'd call EDD anyway just to double check but dont get ur hopes up
0 coins
Giovanni Martello
•While I understand your frustration, there are actually programs specifically designed for self-employed individuals - they're just different from traditional UI. The system isn't useless, it's just that many business owners don't structure things correctly to access benefits. A single-member LLC could elect S-Corp status and run payroll, paying into SDI and UI, which would provide coverage. It's about understanding the system and making informed choices about business structure.
0 coins
Savannah Weiner
I was in a similar situation with my graphic design LLC last year! I had mostly been doing owner's draws too, but I did have 1 project where I worked as a W-2 contractor for about 3 months. When I applied for unemployment, they actually approved me for a small benefit amount based just on that W-2 work, even though it wasn't my main income. So definitely check if you have ANY W-2 income in the base period - even a small side gig could qualify you for something. Also, did you pay yourself any official salary through payroll during these 3 years? Or was it 100% owner's draws?
0 coins
Tristan Carpenter
•It was 100% owner's draws, I didn't set up any formal payroll. My CPA recommended this approach for tax simplicity, but now I'm seeing the downside. That's good to know about the W-2 work though - I did a short 2-month contract last summer where I was technically on their payroll. Maybe that will help!
0 coins
Levi Parker
check if ur LLC is registered as an S-corp. some LLCs are, some aren't. if u elected S-corp status and paid yourself a salary (not just distributions) AND paid into SDI/UI, then you might qualify. but based on ur post sounds like u didn't do this.
0 coins
Tristan Carpenter
•No, I didn't elect S-corp status. Just a standard single-member LLC filing as a disregarded entity on my personal taxes. Definitely regretting that choice now.
0 coins
Libby Hassan
Try calling EDD directly to confirm your status. I know it's nearly impossible to get through to them, but I recently used a service called Claimyr that got me connected to an EDD agent in about 20 minutes when I had a similar question about my eligibility. Their website is claimyr.com and they have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Even if you don't qualify for regular UI, there might be other programs you're eligible for, and an EDD rep can tell you for sure. Worth checking rather than just assuming you're out of luck.
0 coins
Hunter Hampton
•Does that service actually work? I've been trying to reach EDD for weeks and keep getting the "we're experiencing high call volume" message before they hang up on me.
0 coins
Libby Hassan
•Yes, it worked for me! I was skeptical too but was desperate after trying for days. Got through to an actual person who helped sort out my issue. Much better than the endless redial game I was playing before.
0 coins
Amaya Watson
One other thing to check - what state were you in before starting your LLC? If you had W-2 employment in another state within the last 18 months, you might be able to file an interstate claim. The base period rules can sometimes give you a bit more runway than you'd expect.
0 coins
Tristan Carpenter
•I was in California the whole time, so unfortunately that won't help in my case. But good to know for others who might have moved recently!
0 coins
Giovanni Martello
For the future, you might want to consider the following structure: 1. Elect S-Corporation status for your LLC (you can do this for future tax years) 2. Put yourself on payroll and pay a "reasonable salary" that includes UI and SDI contributions 3. You can still take distributions beyond your salary, which won't be subject to self-employment tax This creates more paperwork and higher administrative costs (payroll service, more complex tax filings), but provides the safety net of unemployment insurance if needed. For your current situation, definitely check on that W-2 work from last summer. California looks at your highest-earning quarter during the base period to determine your weekly benefit amount, so even a short period of W-2 employment might help.
0 coins
Tristan Carpenter
•Thank you for this detailed advice! I'll definitely be restructuring once I get through this rough patch. Do you know if I need to dissolve my current LLC or can I just convert it to an S-corp status going forward?
0 coins
Giovanni Martello
•You don't need to dissolve your LLC. You can keep the same LLC but file Form 2553 with the IRS to elect S-Corporation tax treatment. It's just a tax election, not a complete restructuring of your business entity. Many single-member LLC owners do this specifically to get access to benefits like unemployment insurance while still maintaining liability protection.
0 coins
Hunter Hampton
Sorta related but did u pay into CA SDI (state disability insurance)? That's different from unemployment but at least provides some protection if you get sick or injured.
0 coins
Tristan Carpenter
•I don't think I did, since I wasn't on formal payroll. Another oversight on my part. Definitely learning a lot from this experience about how to better protect myself going forward.
0 coins
Savannah Weiner
The good news is that if you did have any W-2 income in the last 18 months, even just that 2-month contract, you'll likely at least get a minimum benefit. When you file your claim, make sure to report ALL employment, including your self-employment. EDD will calculate your benefit based on the W-2 wages. It might not be much, but something is better than nothing while you rebuild your client base!
0 coins
Tristan Carpenter
•Thank you! I'm definitely going to apply based on that contract work. I'm also going to try getting through to EDD using that Claimyr service someone mentioned. Would be nice to talk to a real person who can review my specific situation.
0 coins