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Butch Sledgehammer

Can a small business owner file for unemployment in Washington state?

I've been running a small consulting business for the past 3 years but things have gotten really bad lately. Lost my biggest client last month and haven't been able to find new work. A friend mentioned I might be able to file for unemployment but I'm not sure if that's even possible as a business owner? I do have an LLC and have been paying into the system through my accountant but honestly don't understand how any of this works. Has anyone been in a similar situation with Washington ESD?

Yes, small business owners can potentially qualify for unemployment benefits in Washington, but it depends on how you've been paying into the system. If you've been paying unemployment taxes on wages you've paid yourself (through payroll), you might be eligible. The key is whether you've been treated as an employee of your own business for tax purposes.

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I think my accountant has been doing payroll for me, but I'm not 100% sure. Would that show up somewhere on my tax documents?

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Yes, look for Form 940 or quarterly 941 forms. If you've been paying FUTA and SUTA taxes, you should be covered.

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The tricky part is proving you're genuinely unemployed as a business owner. Washington ESD will want to see that your business income has stopped or significantly decreased. Just having fewer clients might not be enough - they'll look at your overall business activity.

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That makes sense. My income is basically zero right now since I lost that big contract. Should I document everything?

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Absolutely. Keep records of contract terminations, your attempts to find new clients, and any business expenses you're still paying.

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I was in a similar situation last year with my marketing business. The application process was confusing and I kept getting different answers when I called Washington ESD. Eventually found out about claimyr.com - they help you get through to actual agents who can explain your specific situation. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Did you end up qualifying for benefits? I'm in the same boat with my photography business.

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Yes, but it took weeks to sort out because my payroll setup was weird. The Claimyr service helped me get through to someone who could actually look at my account properly.

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wait business owners can get unemployment?? i thought that was just for regular employees

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It's not widely known, but if you've been paying unemployment taxes on your own wages, you can qualify. The business has to be set up properly though.

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wow had no idea. gonna look into this for my side business

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Update: I found my tax documents and it looks like I have been paying into unemployment. Going to try filing a claim this week. Any tips for the actual application process?

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Make sure you list yourself as both the employer and employee. The system might flag this as unusual, so be prepared to explain your business structure.

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Also be ready for potential adjudication. Business owner claims often get reviewed more carefully.

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The Washington ESD website has info about this but it's buried pretty deep. Look under 'employer' section, not just the regular unemployment filing stuff. Took me forever to find it when I needed it.

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Thanks! I'll check that out. The website is pretty confusing to navigate.

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Been running a small retail store for 5 years and never knew this was an option. My sales have been terrible since covid and I'm barely keeping the doors open. If I close down, could I potentially file for unemployment?

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If you've been paying yourself through payroll and paying unemployment taxes, yes. But you'd need to actually cease business operations or at least demonstrate that you're no longer receiving income from the business.

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That's exactly my situation. I might have to close by the end of the month.

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This is all news to me too. What about independent contractors? I've been doing freelance work but not through an LLC or anything formal.

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Independent contractors typically don't pay into unemployment, so they wouldn't qualify under regular UI. There were special programs during COVID but those ended.

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Darn, that's what I figured. Guess I need to look into other options.

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Just want to add that when I went through this process, having documentation was crucial. Bank statements showing the drop in business income, client contracts, everything. Washington ESD wanted proof that I was genuinely unemployed despite owning the business.

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Good point. I've been keeping records but probably need to organize them better before I apply.

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My brother went through this with his construction business. He had to prove he was actively looking for work/clients just like regular unemployment. The job search requirements still apply even for business owners.

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Oh wow, I hadn't thought about that. So I'd need to document my efforts to find new clients?

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Exactly. He had to log all his networking, proposals sent, meetings, everything.

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One thing to be aware of - if your business picks back up while you're receiving benefits, you'll need to report that income. The earnings deduction rules still apply.

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Makes sense. Better to be upfront about everything from the start.

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ugh the washington esd phone system is impossible. tried calling about this exact question last week and got hung up on 3 times

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Yeah that's exactly why I ended up using that Claimyr service I mentioned earlier. Saved me so much frustration trying to get through on my own.

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might have to check that out. this is too stressful to figure out alone

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For anyone considering this, make sure you understand the difference between being an employee of your own corporation versus being a sole proprietor. The eligibility rules are different depending on your business structure.

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I'm set up as an LLC. Does that count as being an employee of my own business?

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LLCs can elect different tax treatments. You'd need to check with your accountant about whether you've been treating yourself as an employee for payroll tax purposes.

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This thread is super helpful! I had no idea business owners could potentially get unemployment. Filing this info away in case I ever need it with my consulting work.

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Right? I wish I had known about this option sooner. Could have saved me some sleepless nights worrying about money.

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Word of caution - even if you qualify, the weekly benefit amount might be lower than you expect if your reported wages were minimal. Washington ESD calculates benefits based on your highest earning quarter in the base period.

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Good to know. I was paying myself a pretty modest salary to keep taxes low, so that makes sense.

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Final update from my experience - the whole process took about 6 weeks from application to first payment, mostly due to the adjudication review. Having good documentation and being able to talk to an actual person at Washington ESD (through Claimyr) made a huge difference in getting it resolved quickly.

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Thanks for sharing your experience! I'm feeling more confident about moving forward with my application now.

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This gives me hope too. Going to gather my documents and give it a shot.

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Just wanted to say thanks to everyone who contributed to this thread. As a small business owner myself, this information is invaluable. The unemployment system is so complicated, especially for non-traditional situations like ours.

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Happy to help. Small business owners face unique challenges and often don't know about all the resources available to them.

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Update for anyone following this thread: I filed my claim yesterday and it's currently pending. Fingers crossed it goes smoothly! Will update if I run into any issues.

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Good luck! Feel free to reach out if you need help navigating any part of the process.

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Please do keep us posted. I'm planning to file mine next week.

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This whole discussion has been eye-opening. I run a small catering business and had no idea this was even a possibility. Definitely going to research this more thoroughly.

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Food service businesses often have seasonal fluctuations too, so this could be especially relevant for catering. Just make sure your payroll setup is compliant.

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One last thing to consider - if you do qualify and receive benefits, you'll need to continue meeting all the regular UI requirements like weekly claims, job searches, and being available for work. The process doesn't end once you're approved.

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Absolutely. I'm prepared for that ongoing responsibility. Better than having no income at all while I rebuild my client base.

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This is such valuable information! I've been running a small graphic design business and had my main contract end abruptly two months ago. I've been scrambling to find new clients but the market is really tough right now. I set up my business as an S-Corp and have been paying myself through payroll, so it sounds like I might actually qualify. Going to dig through my tax documents tonight and see if I can find those unemployment tax payments everyone mentioned. Really appreciate everyone sharing their experiences here - makes this whole process seem less intimidating.

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S-Corps are great for this situation since you're already set up as an employee! Look for your quarterly 941 forms - those will show if you've been paying FUTA/SUTA taxes. The graphic design market has been brutal lately, so you're definitely not alone in this. If you find you've been paying in, don't hesitate to file - that's exactly what the system is there for.

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I've been through a similar situation with my web development business last year. The key thing that helped me was understanding that Washington ESD treats business owners who pay themselves through payroll just like any other employee for unemployment purposes. Since you mentioned you have an LLC and your accountant handles things, definitely check if you've been classified as an employee of your LLC for tax purposes. If you've been paying unemployment taxes on your wages, you should be eligible. Also, start documenting your job search efforts now - networking events, client proposals, even informal conversations about potential work. The adjudication process can be lengthy, but having everything organized upfront really speeds things up. Don't let the complexity discourage you from applying if you've been paying into the system!

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This is incredibly helpful advice! I've been hesitant to apply because I wasn't sure if my situation would qualify, but hearing from someone who went through the same process with a similar business setup gives me confidence. I'll definitely start keeping better records of my networking and proposal activities - I've been doing the work but not documenting it properly. Quick question though - when you say the adjudication process can be lengthy, are we talking weeks or months? I'm trying to plan my finances accordingly while I wait for a decision.

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