Can I start my own business while receiving ESD benefits? Self-employment reporting questions
I was let go from my tech support job about 7 weeks ago and have been collecting unemployment since then. The job market in my field is absolutely brutal right now. After 40+ applications and only 2 interviews that went nowhere, I'm seriously considering starting a small web design business. Here's my concern - I know this won't generate any real income for at least the first few months. Can I still claim my unemployment benefits during this startup phase? How exactly do I report this on my weekly claims? Do I list myself as "employed" even though I'm not paying myself anything yet? I'm worried if I report it wrong, ESD will either cut off my benefits immediately or hit me with an overpayment later. The ESD website is super confusing about self-employment rules. Has anyone navigated this successfully?
14 comments
Benjamin Kim
You absolutely CAN start a business while on unemployment, but you need to be careful about how you report it. When you file your weekly claim, you'll need to report ANY hours spent working on your business, even if you don't make money. ESD considers time spent on business development as "work" even without income. They'll reduce your benefit based on hours worked, not just income received. If you work 17+ hours in a week on your business, you likely won't receive any benefits for that week, regardless of whether you earned anything. You'll also need to remain "able and available" for full-time work and continue active job searching (3 job search activities weekly). Starting a business doesn't exempt you from the job search requirements.
0 coins
Victoria Stark
•Thanks for the detailed explanation! So if I spend say 10 hours a week building my website and reaching out to potential clients, I need to report those 10 hours even if I don't make a dime? That seems harsh since I still need the full benefit to pay rent while I'm trying to build something. Do they just expect people to stay completely idle?
0 coins
Samantha Howard
i did this last year!! big mistake not reporting the hours i spent on my etsy shop setup. ended up with a $2890 overpayment notice 6 months later because i didnt know i had to report hours even tho i wasnt making $$$. theyre serious about this stuff!!
0 coins
Victoria Stark
•Oh no! That's exactly what I'm afraid of. Did you try to appeal the overpayment? I'm wondering if there's any flexibility if I explain that I'm just trying to build a backup plan while still actively looking for regular employment.
0 coins
Megan D'Acosta
You need to understand the difference between "creating a business" and "actively working on business activities." Phase 1: Planning, research, building a website after hours - this generally doesn't count as work hours while you're still applying for jobs and available for interviews. Phase 2: Actually pursuing clients, doing billable work, marketing during business hours - this DOES count as work and must be reported on weekly claims. Be extremely precise in your weekly claims. Report ANY hour spent actively pursuing business during normal work hours. This is where most people make mistakes. If you're spending your day cold calling potential clients instead of applying for jobs, that's work time that reduces benefits. Also, document EVERYTHING so you can defend yourself if questioned later.
0 coins
Sarah Ali
•Wait wait wait - this contradicts what the first person said!!! The first comment says ALL hours count even with no income, and you're saying only certain activities count. This is exactly why the ESD system is so frustrating! Nobody can get a straight answer. Has anyone actually confirmed this with an ESD agent directly??
0 coins
Benjamin Kim
There's a bit of nuance here that's important. ESD's official stance is that ALL hours spent on self-employment activities should be reported. However, in practice, there is some gray area around pure planning/research versus active business operations. The safest approach is to report all hours. But many people interpret "work" as direct revenue-generating activities. If you want a definitive answer straight from ESD, you should call them directly, but good luck getting through. I've been trying to reach them for weeks about my adjudication issue.
0 coins
Ryan Vasquez
•I had the same problem trying to reach ESD about my issues. Spent days calling and getting busy signals or disconnects. Finally used Claimyr (claimyr.com) and got through to an agent in about 15 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Worth it to get a definitive answer about your self-employment question directly from an agent. They told me exactly how to report my freelance hours correctly.
0 coins
Avery Saint
The law says you must report ANY work performed, whether paid or unpaid. Its not about whether you GET income, its about whether you're TRYING to get income. ESD considers ANY time spent trying to make money as work hours that must be reported.
0 coins
Victoria Stark
•Thanks. It seems like the consensus is I need to report all hours. So my follow-up question is: does anyone know how this affects my weekly benefit amount? Is it reduced proportionally to hours worked? Like if I work 10 hours, do I lose 25% of my benefit (assuming 40-hour work week)?
0 coins
Taylor Chen
Different perspective: I started my coding business while on unemployment and just didn't report the startup hours because I wasn't making money yet. Once I got my first paying client, THEN I started reporting. Never had any issues. Sometimes the rules are more flexible than people make them sound...
0 coins
Megan D'Acosta
•This is extremely risky advice that could result in significant overpayment penalties. ESD can investigate up to 6 years back and often does when self-employment is involved. They may request business formation documents, website creation dates, and other evidence to determine when you actually started working. To answer the OP's question about benefit reduction: Yes, it's proportional. ESD uses your weekly benefit amount and reduces it based on hours worked. If your WBA is $844 and you work 10 hours at $20/hr (or equivalent), they'll deduct approximately $200 from your benefit for that week. The exact formula is available on their website.
0 coins
Victoria Stark
Thank you all for the helpful information! After reading everyone's responses, I think I'm going to: 1. Limit my business development to 5-10 hours per week to minimize the impact on my benefits 2. Report ALL hours spent on the business honestly on my weekly claims 3. Continue doing my 3+ job search activities each week 4. Try to reach an ESD agent directly to confirm this approach I might use that Claimyr service someone mentioned to get a definitive answer from ESD. Better to get it right from the start than deal with overpayments later. I'll update this thread once I talk to someone official.
0 coins
Benjamin Kim
•That sounds like a solid plan. One more tip: keep a detailed log of all your business activities with dates, times, and descriptions. If ESD ever questions you about it, having documentation will be incredibly helpful. Best of luck with both your job search and your new business venture!
0 coins