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Lucy Taylor

Can business owners file for unemployment benefits in Washington?

I had to close my small restaurant last month after 8 years due to rising costs and declining customer base. As the owner, I never thought about unemployment but I'm wondering if business owners can actually file for Washington ESD benefits? I paid into the system through payroll taxes for my employees but not sure if that covers me as the owner. Has anyone been in this situation before?

Business owners typically can't file for regular unemployment benefits unless they paid into the system as an employee of their own business. If you only filed as self-employed, you wouldn't have UI coverage through Washington ESD.

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I did pay myself through payroll and had W-2s, so I think I might qualify then?

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Yes, if you were on payroll with proper tax withholdings including UI taxes, you should be eligible to file a claim.

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This is exactly what I went through last year when my auto repair shop went under. The key is whether you were paying unemployment insurance taxes on your own wages as an employee of your business.

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Did Washington ESD give you any trouble during the application process as a former business owner?

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Not really, but they did take longer to process my claim - about 5 weeks instead of the usual 2-3. I had to provide extra documentation showing I was legitimately employed by my own business.

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I've been trying to get through to Washington ESD for weeks about a similar situation but their phones are always busy. Finally found this service called Claimyr at claimyr.com that actually got me connected to a real person. They have this video demo at https://youtu.be/7DieNd3C7zQ showing how it works - basically calls for you until someone picks up.

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How much does something like that cost? Seems too good to be true.

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It's worth it when you're desperate to talk to someone. Way better than sitting on hold for hours only to get disconnected.

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I might have to try that, been calling for days with no luck getting through to anyone at Washington ESD.

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The Washington ESD website has specific information about this under their employer section. You need to have been paying UI taxes on your own wages as an employee, not just as the business owner paying for other employees.

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Where exactly on their site? I've been looking everywhere and can't find clear info about business owners.

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Look under the 'Employer' section then 'Tax Information' - there's a subsection about corporate officers and business owners.

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wait so if I was just a sole proprietor filing 1099s I can't get unemployment at all?? That seems totally unfair

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Correct, sole proprietors who only file 1099s aren't covered by regular unemployment insurance. You would need to have been paying into the system as a W-2 employee.

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this is ridiculous... business owners take all the risk and get screwed when things go bad

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I closed my bakery in 2023 and was able to collect unemployment because I had been paying myself through payroll. The trick is you need at least 18 months of W-2 wages in your base period to qualify for benefits.

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How did you handle the job search requirements? Do they expect you to look for work in your same industry or can you search for any job?

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You can search for any suitable work, doesn't have to be in the same field. I ended up taking a management position at another restaurant while collecting benefits.

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The whole system is confusing AF. I've been a contractor for years and never knew I needed to be paying into UI to be covered. Now my business is struggling and I have zero safety net.

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You might want to look into other assistance programs like SNAP or housing assistance while you figure out your next steps.

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Yeah I'm already applying for everything I can find. This whole situation sucks.

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Corporate officers and LLCs with ownership stakes can elect to pay UI taxes on themselves, but it has to be done beforehand, not after the business closes. Washington ESD is pretty strict about this timing requirement.

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So if I didn't elect coverage as an owner beforehand, I'm out of luck even if I was paying payroll taxes?

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If you were legitimately on W-2 payroll as an employee of your business with UI taxes withheld, that should count. The election thing is more for owners who want coverage without being on regular payroll.

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This is why I always recommend business owners put themselves on payroll from day one, even if it's just minimum wage. Protects you for unemployment and social security credits.

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Easier said than done when you're bootstrapping a startup and every dollar matters.

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True, but the protection is worth it when things go sideways. Learned this lesson the hard way myself.

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Had the same question when my consulting business dried up. Ended up using Claimyr to get through to Washington ESD and they confirmed I could file since I'd been paying UI taxes on my salary. Took forever to get approved though.

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How long did the whole process take from filing to getting your first payment?

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About 7 weeks total. They had to verify my employment history and wage records which took extra time since I was both employer and employee.

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The Washington ESD adjudication process for business owners is brutal. They scrutinize everything to make sure you weren't just trying to game the system by closing your business to collect benefits.

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What kind of documentation did they ask for during adjudication?

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Bank statements, lease termination notices, final tax returns, anything proving the business closure was legitimate and not voluntary.

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Been there! Closed my landscaping business in 2024 and collected UI for 6 months while transitioning to a new career. The key is having all your payroll records organized and ready to submit.

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Did you have to prove you were actively looking for work or could you focus on starting a new business?

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You still have to do the job search requirements - 3 contacts per week minimum. Can't just say you're starting a new business and skip the search.

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this whole thread is making me realize I should probably get myself on payroll at my LLC just in case... never thought about unemployment coverage before

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Definitely a good idea if your business can afford it. Even a small salary gives you some protection.

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gonna talk to my accountant about this next week, thanks for the heads up everyone

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The timing of when you close matters too. If Washington ESD thinks you closed just to collect benefits, they'll deny your claim. Need legitimate business reasons like loss of contracts, rent increases, etc.

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In my case it was definitely legitimate - lost my biggest client and couldn't afford rent anymore. Have all the documentation to prove it.

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That should be fine then. Just be prepared for extra questions during the adjudication process since you were the owner.

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For anyone still struggling to reach Washington ESD about this, I had success with that Claimyr service someone mentioned earlier. Got connected in like 20 minutes after trying to call myself for weeks.

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Did they actually help answer your questions or just get you through to the regular customer service?

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Got me to a real ESD agent who could look up my account and explain the business owner requirements. Much better than the automated system.

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Bottom line - if you paid UI taxes on W-2 wages to yourself as an employee of your business, you should be able to file. If you only took distributions or 1099 payments, you're probably not covered.

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Perfect summary, thank you! I definitely paid through W-2 payroll so I'm going to file my claim this week.

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Good luck! Just be patient with the process - business owner claims take longer to approve than regular employee claims.

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One more tip - keep detailed records of your business closure expenses and timeline. Washington ESD will want to see proof that the closure was involuntary and legitimate, not strategic.

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I have all my lease documents, final utility bills, and client communications showing the situation. Should be enough documentation.

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That sounds perfect. The more documentation you have, the smoother the adjudication process will go.

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Thanks everyone for all the helpful info! This thread answered questions I didn't even know I had about business owners and unemployment benefits.

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Same here! Really appreciate everyone sharing their experiences. Makes the whole process seem less intimidating.

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This is why I love this forum - real people with real experiences helping each other navigate the Washington ESD system.

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