Can S corp owner collect unemployment benefits in Washington state?
I own a small consulting business structured as an S corporation and I've been paying myself a salary for the past 18 months. Business has dried up completely and I had to lay myself off basically. I've been paying into Washington ESD through payroll taxes on my salary. Am I eligible to collect unemployment benefits as an S corp owner? I can't find clear information on this anywhere and when I try to call Washington ESD I get disconnected after waiting forever.
51 comments


Zadie Patel
This is actually a really complex area. S corp owners who pay themselves W-2 wages can potentially qualify for UI benefits, but it depends on several factors. The key is whether you're considered an employee or an owner-operator. If you've been paying payroll taxes including unemployment tax on your salary, that's a good sign. You'll need to show that your work relationship meets the employee criteria.
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Ali Anderson
•I've definitely been paying all the payroll taxes including SUTA. My accountant set it up so I'm getting a W-2 just like any other employee would.
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A Man D Mortal
•The ownership percentage matters too. If you own more than 50% of the S corp, Washington ESD might consider you more of an owner than employee.
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Declan Ramirez
I went through this exact situation last year! As an S corp owner, you CAN collect unemployment if you meet certain requirements. The main thing is that you need to have been paying yourself regular wages and withholding unemployment taxes. Since you mentioned paying yourself a salary for 18 months, you should be eligible.
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Ali Anderson
•That's encouraging to hear! Did you have any issues during the application process? I'm worried they'll automatically deny me because I'm the owner.
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Declan Ramirez
•I had to provide extra documentation showing my employment relationship and wage history. It took about 3 weeks longer than normal claims but I did get approved.
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Emma Morales
Good luck getting through to Washington ESD to ask about this. I've been trying to reach them for weeks about my claim issues. The phone system is absolutely broken - I either get busy signals or get disconnected after holding for hours.
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Katherine Hunter
•Same here, it's ridiculous how impossible it is to reach anyone at Washington ESD. I've wasted so much time trying to get simple questions answered.
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Lucas Parker
•Have you tried using Claimyr? I found out about it from someone on Reddit and it actually got me through to a Washington ESD agent. It's at claimyr.com and they have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me hours of calling.
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Zadie Patel
For S corp owners specifically, Washington ESD looks at these factors: 1) Do you receive W-2 wages? 2) Are unemployment taxes being paid on those wages? 3) Is there a clear employer-employee relationship despite ownership? 4) What percentage of the company do you own? If you own less than 50%, you're more likely to qualify.
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Ali Anderson
•I own 60% of the S corp. Does that automatically disqualify me?
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Zadie Patel
•Not automatically, but it makes it harder. You'll need to demonstrate that you were truly functioning as an employee despite majority ownership.
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Donna Cline
•The ownership percentage thing is so confusing. I thought if you paid unemployment taxes you were covered period.
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A Man D Mortal
Make sure you have all your documentation ready when you apply. You'll need your quarterly wage reports, proof of unemployment tax payments, and anything showing your employee status. Washington ESD will likely flag your claim for adjudication because of your ownership status.
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Ali Anderson
•What kind of adjudication timeline should I expect? I really need to get this sorted out quickly.
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A Man D Mortal
•Adjudication for business owners typically takes 4-6 weeks. They need to verify your employment relationship and wage history thoroughly.
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Harper Collins
This whole system is such a mess. Small business owners pay into unemployment insurance but then get treated like we're trying to scam the system when we need to use it. It's not our fault the economy tanked!
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Kelsey Hawkins
•I feel you. The rules seem designed to keep people from getting benefits even when they've paid in.
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Declan Ramirez
•It is frustrating but the rules exist for a reason. There have been cases of business owners manipulating the system.
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Dylan Fisher
One thing to be careful about - if you're still doing any work for the S corp even without pay, that could affect your eligibility. You need to be completely separated from work activities to qualify for benefits.
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Ali Anderson
•I've completely shut down operations. Not doing any work at all for the business right now.
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Edwards Hugo
•Even checking emails or answering client calls could be considered work. Be really careful about that.
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Lucas Parker
Since you're having trouble reaching Washington ESD, definitely check out that Claimyr service I mentioned earlier. It's specifically designed to help people get through to ESD agents when you can't reach them normally. For something complex like S corp owner eligibility, you really need to talk to someone who knows the rules.
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Ali Anderson
•I'll look into that, thanks. I really do need to speak with someone directly about my specific situation.
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Gianna Scott
•Is Claimyr expensive? I can't afford to pay a lot just to make a phone call.
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Lucas Parker
•It's way cheaper than losing weeks of benefits because you can't get answers. The value is definitely worth it when you're dealing with complex eligibility questions.
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Alfredo Lugo
I work in accounting and see this situation come up occasionally. The key documentation you'll want is your Form 941s showing unemployment tax payments, your corporate bylaws or operating agreement, and evidence of your separation from work duties. Washington ESD will want to see a clear paper trail.
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Ali Anderson
•I have all the 941s and can get the corporate documents. What do you mean by evidence of separation from work duties?
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Alfredo Lugo
•Things like board resolutions about layoffs, letters to clients about business closure, anything official showing you stopped working.
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Sydney Torres
My brother went through this exact same thing with his S corp. He did get approved but it took forever and lots of documentation. The important thing is being completely honest on your application and having all your paperwork in order.
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Ali Anderson
•How long did the whole process take for your brother from application to first payment?
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Sydney Torres
•About 8 weeks total. The adjudication took most of that time. Once approved though, he got all his back pay.
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Kaitlyn Jenkins
Don't let people scare you about this. If you've been paying unemployment taxes on your wages, you have every right to collect benefits when you're unemployed. The ownership thing makes it more complicated but not impossible.
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Caleb Bell
•Exactly! We pay into the system just like everyone else.
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Ali Anderson
•Thanks, I needed to hear that. I was starting to think I shouldn't even bother applying.
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Danielle Campbell
Make sure when you apply that you select 'laid off' as your reason for unemployment, not 'quit' or anything else. Your business circumstances forced the layoff, you didn't choose to quit working.
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Ali Anderson
•Good point. It really was a layoff due to no work available, not a voluntary quit.
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Rhett Bowman
•The wording on the application can make a big difference in how they process your claim.
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Abigail Patel
Whatever you do, don't wait to apply. Even if there are complications with your claim, you want to get the application in as soon as possible. Benefits are retroactive to your application date, not when you're approved.
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Ali Anderson
•You're right, I need to stop overthinking this and just apply. I'll gather my documents and submit the application this week.
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Daniel White
•Definitely apply now. You can always provide additional documentation later if they request it during adjudication.
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Nolan Carter
One more suggestion - when you do get through to Washington ESD (whether through normal calling or using that Claimyr thing), ask them specifically about RCW 50.04.380 which covers S corp officer eligibility. Having the statute number shows you've done your homework.
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Ali Anderson
•That's really helpful, thank you! I'll write that down so I don't forget it.
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Zadie Patel
•Great advice. Knowing the specific statute that applies to your situation definitely helps when talking to ESD staff.
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Natalia Stone
Just to add another perspective - even if your initial claim gets denied, you can appeal the decision. S corp owner cases sometimes get denied initially but approved on appeal once all the documentation is reviewed properly.
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Ali Anderson
•Good to know there are options if things don't go smoothly initially. I'm feeling more confident about moving forward now.
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Tasia Synder
•The appeal process gives you a chance to present your case more thoroughly too.
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Kyle Wallace
I'm in a similar situation with my LLC that I elected to tax as an S corp. I've been following this thread and it's really helpful to see all the different perspectives. From what I'm gathering, the key seems to be having that clear employee-employer relationship documented, even when you're the owner. Ali, have you considered reaching out to a local SCORE mentor or small business attorney? They might be able to help you prepare your documentation package before you apply. Also, I'd definitely recommend keeping detailed records of when you stopped all business activities - dates, emails to clients about closure, etc. That timeline could be crucial if they question your separation from work. Good luck with your application!
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Luca Greco
•That's really smart advice about SCORE and documenting the business closure timeline. I hadn't thought about reaching out to SCORE - they probably see these situations regularly and could help me organize everything properly before I submit. The documentation angle is so important from reading everyone's experiences here. I'm going to start putting together a folder with all my payroll records, tax filings, and a detailed timeline of when I stopped operations. Thanks for the practical suggestions!
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Lucy Taylor
I went through this exact situation with my S corp about 6 months ago and successfully received benefits. Here's what I learned: First, apply immediately - don't wait any longer while you're gathering documentation. You can always submit additional paperwork during the review process. Second, make sure you have your corporate resolutions documenting the layoff/business closure. I had to draft a board resolution showing the decision to cease operations and lay off all employees (including myself). Third, be prepared for the adjudication interview - they'll ask detailed questions about your day-to-day role, how decisions were made, and whether you truly functioned as an employee despite ownership. The fact that you've been paying W-2 wages and unemployment taxes for 18 months puts you in a good position. Your 60% ownership will definitely be scrutinized, but it's not an automatic disqualification. They're looking for whether you had genuine employer-employee relationship characteristics like set hours, defined duties, and limited control over employment terms. Document everything and be completely transparent in your application. The process took about 7 weeks for me but I received full back pay once approved.
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Destiny Bryant
•This is incredibly detailed and helpful! The board resolution idea is brilliant - I hadn't thought about creating formal documentation of the layoff decision. That makes perfect sense since I need to show this was a legitimate business decision, not just me deciding to take time off. The 7-week timeline you mentioned is actually better than I expected based on some of the other stories here. It's reassuring to hear from someone who went through the exact same situation with majority ownership and still got approved. I'm definitely going to draft that board resolution this week and get my application submitted. Did you have to provide multiple rounds of documentation during the review, or was it mostly handled in that adjudication interview you mentioned?
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