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EDD phone interview for loan-out company contractors - what questions do they ask?

I'm a freelance video editor who's been working through my own loan-out company (single-member LLC) for the past 4 years. Work dried up completely last month when my main client suddenly went bankrupt. I filed for unemployment since I technically paid into the system as both employer and employee. EDD just scheduled a phone interview with me for next Friday and I'm super nervous about it. Has anyone here gone through this process as a loan-out? What kind of questions did they ask? Did you have to provide any specific documentation during the call? I'm worried they're going to disqualify me because my situation is complicated. Any advice would be really appreciated!

Demi Lagos

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I went through this last year as a loan-out for film production work. The phone interview was mostly about verifying that you're truly unemployed and not just between gigs. They asked me for detailed documentation about my loan-out company structure, my tax status (S-Corp or LLC?), and proof that I was paying unemployment insurance taxes. Make sure you have your EIN, Articles of Organization/Incorporation, most recent tax returns, and proof of UI contributions ready before the call. They'll also ask about your work search efforts since you became unemployed.

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Thank you so much! I'm set up as an LLC with S-Corp election for taxes. I've got my company docs but I'm not sure where to find proof of UI contributions specifically. Would that be on my quarterly tax filings? Or is there something else I should be looking for?

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Mason Lopez

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had mine last month!! they basicly want to kno if ur ACTUALLY unemployed or just trying to scam free $$ lol. my interviewer was super nice tho. had me on the phone for like 15 min only

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That's reassuring! Did they approve your claim right away after the interview or did you have to wait?

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Vera Visnjic

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They're going to ask how you paid yourself (W2 or 1099), when your last project ended, why it ended, and if you have any upcoming work. Be VERY careful about how you answer the upcoming work question. If you say you have anything lined up, even tentatively, they might disqualify you. I'm a storyboard artist with a loan-out and learned this the hard way.

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Demi Lagos

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This is absolutely correct. The distinction between being between assignments vs. truly unemployed is crucial for loan-out company owners. Make sure you're very clear that your work ended permanently with no future arrangements in place. They're specifically trained to watch for people who are just in the normal gaps between freelance projects.

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Jake Sinclair

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I'm actually an EDD claims specialist (former, not current) and I can tell you loan-out companies can be tricky. Make sure you have DE 9 and DE 9C forms showing you paid yourself W2 wages. If you only took owner draws or 1099 income, you may be disqualified. The interviewer will verify you've been paying into SDI and UI through your payroll. They'll also check if your business is still operating - if your loan-out is still actively seeking clients, you might be considered self-employed rather than unemployed, which complicates things.

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Oh wow, this is super helpful! I did pay myself W2 wages and I have those DE forms from my payroll service. Should I actually formally dissolve my LLC or just make it clear that I'm not actively seeking clients through it right now? My plan was to keep the entity alive for when I find work again.

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Have you tried calling EDD to ask these questions directly? I know it's nearly impossible to get through their phone lines these days, but when I was going through something similar with my S-Corp, I really needed to speak to someone who could look at my specific situation. I finally got through using Claimyr (claimyr.com) - they have this service that basically calls EDD for you and connects you when they get through. Saved me hours of redial hell. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Worth it to get specific answers about your loan-out situation before your interview so you're prepared.

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I hadn't heard of that service before, but it sounds like exactly what I need. I've been trying to call them for days with no luck. I'll check it out - thanks for the recommendation!

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Honorah King

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Be careful!! My brother has a loan-out for his camera work and they denied his claim saying he wasn't "unemployed enough" whatever that means. Apparently since he was still the owner of his company they said he was still employed??? Even though he had ZERO income. The whole system is designed to deny people I swear.

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Jake Sinclair

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This is a common misunderstanding. Your brother needed to clarify that while his business entity exists, it has no active contracts or income. There's a specific way to explain this situation to EDD. The interviewer needs to hear that: 1) The loan-out has no current clients/contracts, 2) You're actively seeking W2 employment elsewhere, and 3) Your loan-out isn't actively marketing for new business. He should appeal the decision if he meets these criteria.

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Oliver Brown

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I just went through this process last month with my loan-out (music composition). Here's my advice: be super straightforward about your employment situation. Emphasize that your loan-out was just a business structure, not an ongoing business with multiple clients. When they ask about your work search requirements, highlight that you're looking for W2 work with employers, not more contract work through your loan-out. I brought tax returns showing I paid into UI, plus documentation of my last project's end date. They also wanted to see that I wasn't taking on new projects through my loan-out while claiming benefits. My interview lasted about 35 minutes, and my claim was approved three days later. Good luck!

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Thank you! This is incredibly helpful. When you say documentation of your last project's end date, what specifically did you provide? I have emails showing the company went bankrupt, but I'm not sure if that's enough.

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Mason Lopez

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dont u hate how they always call at EXACTLY the time they say but if u miss it by even 1 min ur screwed and gotta reschedule the whole thing??

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Honorah King

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OMG YES!! Mine called at 8:02 when it was scheduled for 8:00 and I was in the bathroom for literally 2 minutes and missed it. Had to wait THREE WEEKS for a new appointment. System is completely broken!!!

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Demi Lagos

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One last important tip: if your loan-out is an S-Corp, the interviewer will likely ask about your reasonable compensation determination. Make sure you can explain how you determined your salary was reasonable for your industry and role. This is critical because if they decide your salary was artificially low to avoid payroll taxes, it could create issues. Have industry salary data ready if possible. Also, be prepared to discuss how much of your income was W2 salary versus distribution income, as only the W2 portion contributes to your UI benefit calculation.

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Oliver Brown

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This is spot on advice. My interviewer specifically asked about my salary determination method and whether I had documentation to support it. They were checking if I had deliberately underreported my wages to minimize UI/SDI contributions while still planning to claim benefits. Having industry standard documentation saved me a lot of trouble.

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Thank you all so much for the helpful advice! I'm feeling much more prepared now. I've gathered all my company docs, DE 9 and DE 9C forms, and emails about my client's bankruptcy. I'll make sure to be very clear that I'm not actively seeking clients through my loan-out right now and that I'm looking for W2 employment. I'll also have my salary determination documentation ready just in case. I'm going to try using that Claimyr service to talk to someone at EDD before my interview so I can get any specific questions answered. Will update after my interview next week!

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Jake Sinclair

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Sounds like you're well-prepared now. One last tip: take detailed notes during the interview. If there are any issues later, having documentation of what was discussed can be invaluable. Good luck with your claim!

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