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NeonNova

Can business owners apply for unemployment benefits in Washington?

I had to close my small restaurant last month due to financial issues and I'm wondering if I can file for unemployment benefits through Washington ESD. I was the owner/operator for 3 years but I did pay myself a regular salary and had payroll taxes taken out. Does anyone know if business owners are eligible for UI benefits? I'm really struggling to figure out what my options are right now.

Business owners can potentially qualify for unemployment benefits in Washington, but it depends on how you paid yourself. If you were classified as an employee of your own business and had unemployment taxes paid on your wages, you might be eligible. The key is whether you have a valid wage history in the system.

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I did have payroll set up through ADP and they took out all the normal taxes including unemployment. So that's a good sign?

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Yes, that's exactly what you need. If unemployment taxes were paid on your wages, you should have a wage record with Washington ESD that would make you eligible to file a claim.

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I'm in a similar situation with my consulting business. Been trying to get through to Washington ESD for weeks to ask about this but their phone lines are always busy. Has anyone actually gotten through to talk to someone?

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I had the same problem calling Washington ESD until someone told me about Claimyr. It's a service that helps you get through to agents - check out claimyr.com. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Never heard of that before. Does it actually work or is it just another scam?

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It's legit. They basically handle the calling process for you so you don't have to sit on hold for hours. I used it last month when I needed to get my adjudication issue resolved.

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Wait, I thought business owners couldn't get unemployment at all. This is confusing. What about sole proprietors vs LLC owners? Does it matter?

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The business structure matters less than how you paid yourself. Sole proprietors typically can't get unemployment because they don't pay into the system. LLC owners who elect to be treated as employees and pay unemployment taxes can potentially qualify.

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OK that makes sense. I'm a sole proprietor so I guess I'm out of luck then.

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Been there with my bakery closure in 2023. The main thing Washington ESD looks at is whether you have covered wages in your base period. If you were paying yourself as a W-2 employee with all the proper taxes, you should be able to file a claim just like any other employee.

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How did the application process go for you? Any special documentation needed?

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Pretty straightforward actually. I filed online at esd.wa.gov and they processed it normally. The only extra step was verifying my employment status during the phone interview.

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This is such a gray area! I've heard different things from different people about business owner eligibility. Some say yes if you paid into the system, others say no because you had control over your own employment situation.

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The control aspect used to be more of an issue, but Washington state law is pretty clear now - if you're a corporate officer who elected to be covered under unemployment insurance, you can receive benefits if you become unemployed through no fault of your own.

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Good to know! I was worried about that part since technically I chose to close my business.

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MAKE SURE you have all your payroll records ready when you apply. Washington ESD will want to verify your wages and that unemployment taxes were actually paid. I learned this the hard way.

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What kind of records specifically? W-2s, pay stubs, quarterly reports?

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All of the above if you have them. Your W-2s are most important, plus any quarterly wage reports you filed with Washington ESD. The more documentation the better.

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One thing to be aware of - even if you're eligible, there might be questions about whether your unemployment was voluntary or involuntary. Closing a business voluntarily could potentially affect your claim.

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Hmm, I closed because I couldn't afford to keep it open anymore. Would that count as involuntary?

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That sounds like it could be considered involuntary due to economic necessity. But Washington ESD would make that determination during your eligibility review.

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I'm an S-Corp owner and I was able to get unemployment when I had to shut down my tech consultancy. The key was that I had been paying myself a regular salary with all taxes withheld for over two years.

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How long did your claim take to get approved? I'm worried about delays.

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Mine took about 3 weeks, but that was because they had to verify my employment status. Most claims process faster than that.

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UPDATE: I tried that Claimyr service someone mentioned earlier and it actually worked! Got connected to a Washington ESD agent in about 20 minutes instead of calling all day. They confirmed that business owners can apply if they paid unemployment taxes on their wages.

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That's awesome! What did the agent tell you about the application process?

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They said to file online like normal, but mentioned I might get a phone interview to verify my employment situation. Overall pretty straightforward if you have your wage records.

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Don't forget about the work search requirements! Even as a former business owner, you'll need to be actively looking for work and meeting the weekly job search requirements.

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Do I need to look for jobs in the same industry or can I apply for anything?

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You should look for suitable work based on your skills and experience. Doesn't have to be exactly the same, but should be work you're qualified for at a reasonable wage.

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For anyone still confused about eligibility - here's the simple test: Did you pay unemployment taxes on wages you received from your business? If yes, you can likely apply. If no (like most sole proprietors), you can't. The business structure matters less than the tax payments.

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What if I only paid myself as a contractor with 1099s? I assume that doesn't count?

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Correct, 1099 income doesn't qualify because no unemployment taxes were paid on it. You'd need W-2 wages with unemployment tax withholdings.

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Thanks everyone! Based on what I'm hearing, it sounds like I should be eligible since I did pay myself as an employee with proper payroll. Going to file my claim online tonight and see what happens.

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Good luck! The process is pretty straightforward if you have your documentation ready.

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Hope it goes smoothly for you. If you run into any issues getting through to Washington ESD, that Claimyr service really does help with getting connected to agents quickly.

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Just want to add that some business owners think they can't get unemployment because they were their own boss, but that's not how the system works. It's all about whether you paid into the unemployment insurance fund through payroll taxes.

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Ava Kim

Exactly! I wasted months thinking I couldn't apply when I actually could have been getting benefits the whole time.

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That's frustrating! The eligibility rules aren't always clearly explained anywhere.

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One more thing - if you're approved, remember that your benefit amount will be based on your reported wages. So if you were paying yourself a lower salary to minimize taxes, your weekly benefit will reflect that.

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Good point. I was paying myself $52k annually, so hopefully that translates to a decent weekly benefit amount.

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That should give you a reasonable benefit amount. The formula is based on your highest earning quarter in your base period.

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Does anyone know if there are any restrictions on starting a new business while collecting unemployment as a former business owner?

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You need to report any self-employment income while claiming benefits. Small amounts might not affect your weekly benefit, but significant income could reduce or eliminate your payment for that week.

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Makes sense. I was thinking about doing some freelance work but wanted to make sure I wouldn't lose my benefits entirely.

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This thread has been really helpful! I had no idea business owners could potentially get unemployment. Definitely going to look into this for my situation.

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Same here! I thought I was completely out of options when my business failed.

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It's worth checking even if you're not sure. The worst they can say is no, but you might be surprised.

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For what it's worth, I tried applying as a business owner last year and got denied because I hadn't paid unemployment taxes on my wages. Learn from my mistake and make sure you actually have covered wages before getting your hopes up.

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That's good to know. I'm pretty confident I do since I used a payroll service, but I'll double-check my records before applying.

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Smart approach. Having a payroll service is definitely a good sign that everything was handled properly.

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Quick question - does the reason for business closure matter? Like if it was due to personal reasons vs economic factors?

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It can matter for eligibility. Closing due to economic necessity or factors beyond your control is more likely to qualify than closing for purely personal convenience.

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Mine was definitely economic - couldn't compete with larger companies anymore. Sounds like that should be okay then.

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Last piece of advice - if your claim gets held up in adjudication, don't just wait around. Use that Claimyr service people mentioned or find another way to get through to Washington ESD to check on the status. Squeaky wheel gets the grease!

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Absolutely agree. I would still be waiting if I hadn't used Claimyr to get through to someone.

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Good to know. I'll keep that in mind if I run into any delays with my claim.

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