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Dmitry Popov

Can LLC owner collect unemployment benefits from Washington ESD?

I'm trying to figure out if I can file for unemployment as an LLC owner. My business has basically dried up since last fall and I'm not making any income from it anymore. I've been reading conflicting information online about whether LLC owners are eligible for Washington ESD benefits. Some sites say yes, others say no. Has anyone been through this situation? I'm worried about filing and then getting hit with fraud charges if I'm not supposed to qualify.

LLC owners generally can't collect regular unemployment benefits because you're considered self-employed, not an employee. Washington ESD typically requires you to have been an employee paying into the system through payroll taxes.

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That's what I was afraid of. So there's absolutely no way for someone like me to get benefits?

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Not necessarily true - there are some exceptions depending on how the LLC is structured and whether you paid yourself wages.

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Actually, it depends on how your LLC is set up. If you elected S-Corp tax status and paid yourself wages with payroll taxes, you might be eligible. Did you have W-2 wages from your own LLC?

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No, I just took distributions. I never put myself on payroll because my accountant said it wasn't necessary for a single-member LLC.

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Then you're probably out of luck for regular UI benefits. You'd need documented wages where unemployment taxes were paid.

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I had this exact same issue last year! Spent hours trying to get through to Washington ESD to ask about my situation. Finally used Claimyr.com to actually reach an agent - they have this system that calls you back when an agent is available. The agent told me that without W-2 wages, I couldn't qualify for regular unemployment.

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How much did that service cost? I've been trying to call Washington ESD for weeks and can never get through.

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It was worth it to get a definitive answer instead of guessing. They also have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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I've heard of that service but wasn't sure if it was legit. Good to know it actually works.

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Wait, what about if you had employees and paid into the system that way? I have an LLC with two employees and I'm wondering if that changes anything for me as the owner.

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Having employees doesn't make you eligible unless you also put yourself on payroll as an employee of your own LLC.

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Ugh, that's frustrating. So basically I've been paying into the system for my employees but can't benefit myself.

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this is so messed up, small business owners get screwed over by everything. we take all the risk and then when things go bad we get no safety net while our employees can collect unemployment

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I understand the frustration, but that's kind of how the system is designed. Unemployment insurance is for employees who lose their jobs through no fault of their own.

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yeah but what about when your business fails through no fault of your own? seems like there should be something

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There might be other programs available though. Have you looked into things like SNAP or other assistance programs while you figure out your next steps?

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I haven't really looked into that yet. I was hoping unemployment would be an option first.

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Definitely worth exploring all your options. The Washington State Department of Social and Health Services website has information about various assistance programs.

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One thing to consider is dissolving your LLC and looking for employment elsewhere. Once you're working as an employee again and paying into the unemployment system, you'd be eligible for benefits if you lose that job.

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That's probably what I'll have to do. It's just hard to let go of the business I spent years building.

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I feel you on that. Had to shut down my consulting LLC in 2023 and go back to being an employee. It was the right call financially though.

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Before you give up completely, you might want to consult with an employment attorney or tax professional. There are some edge cases where LLC owners might qualify, especially if there were specific circumstances around how wages were paid or if you had a business partner who was treated as an employee.

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That's a good point. I should probably get professional advice before making any major decisions.

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Agreed, but in most single-member LLC situations without W-2 wages, the answer is going to be no for regular unemployment benefits.

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Just to follow up on my earlier comment about Claimyr - they were super helpful in getting me connected to the right Washington ESD department. Saved me probably 20+ hours of trying to call and getting busy signals or being hung up on.

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I might have to try that service. I've been trying to get through to Washington ESD about my own claim issues for two weeks now.

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Definitely worth it if you need to actually talk to someone instead of just guessing about your eligibility.

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For what it's worth, I know someone who was an LLC owner and managed to get benefits, but they had elected S-Corp status and been paying themselves wages for over a year before their business failed. So it's not impossible, just depends on your specific situation.

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That gives me a little hope. Maybe I should look into restructuring my LLC if I decide to keep it going.

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If you do restructure, make sure you understand all the tax implications first. S-Corp election has pros and cons.

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I'm in a similar boat. LLC owner, no W-2 wages, business is struggling. Did you ever find out anything definitive about other programs or assistance?

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Still researching. Planning to contact a professional next week to explore all my options.

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You both should look into Washington State's Working Connections Child Care or Basic Food programs depending on your family situation.

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honestly the whole system is rigged against small business owners. we're the ones creating jobs and taking risks but when we need help there's nothing

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I get the frustration but unemployment insurance is specifically designed for employees who lose jobs. Business owners have different types of risks and potentially different safety nets.

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what safety nets? most of us are one bad month away from losing everything

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Quick question - if someone dissolves their LLC and then gets hired somewhere as an employee, how long do they have to work before they'd be eligible for unemployment if they lost that job?

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In Washington, you generally need to have earned wages in at least two quarters of your base period. The exact requirements can be complex, so you'd want to check the current Washington ESD guidelines.

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Thanks, that's helpful to know for planning purposes.

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This thread has been really helpful. I'm in the process of closing my LLC and this confirms I made the right decision to start looking for employee positions instead.

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Yeah, it's not the answer I was hoping for but at least now I know what my options are.

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The transition back to employee status isn't as bad as I thought it would be. Less stress in some ways.

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Has anyone tried contacting WorkSource about training programs or other support for business owners transitioning to employment?

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Good suggestion. WorkSource does have programs for career transitions and they might have resources specifically for former business owners.

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I'll add that to my list of places to contact. Thanks for the idea.

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Just want to emphasize what others have said about getting professional advice. Employment law around business owners and benefits can be tricky, and there might be options you haven't considered.

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Definitely going to do that. This thread has given me a good starting point for questions to ask.

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Smart approach. Better to get definitive answers than to make assumptions about eligibility.

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Update on the Claimyr service mentioned earlier - I tried it and it actually worked! Got connected to a Washington ESD agent within a few hours instead of days of trying to call. Definitely recommend if you need to speak with someone directly about your specific situation.

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Good to hear another positive review. I think I'll give it a try before meeting with the attorney.

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Told you it was worth it! Much better than the endless busy signals.

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Thanks everyone for all the insights. This has been way more helpful than anything I found in my online research.

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Agreed! Really appreciate everyone sharing their experiences and knowledge.

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That's what these forums are for. Hope you get everything sorted out with your situation.

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One last thought - if you do end up dissolving the LLC and looking for employment, consider freelance or contract work in your field while you're job hunting. It's not ideal but it's income while you transition.

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That's actually not a bad idea. Keep some income flowing while I figure out the long-term plan.

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Just make sure you understand how contract work affects any benefits you might be receiving.

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Really glad I found this thread. Going through the same thing and now I know I need to either put myself on payroll going forward or start looking for employee positions elsewhere.

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Exactly - at least now we know what we're dealing with instead of wondering.

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Knowledge is power. Good luck with whatever direction you decide to go.

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I went through a similar situation with my single-member LLC in 2022. Like others have mentioned, without W-2 wages you won't qualify for regular unemployment benefits through Washington ESD. However, I'd suggest checking if you might be eligible for Pandemic Unemployment Assistance (PUA) if it's still available, or looking into Washington State's Self-Employment Assistance Program - it's designed specifically for people transitioning from self-employment to starting a business or finding employment. Also worth noting that some counties have emergency assistance programs for small business owners. Don't give up without exploring all your options first!

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