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Natasha Volkov

Can small business owners get unemployment benefits in Washington state?

I owned a small landscaping company for 8 years but had to shut it down last month due to rising costs and losing my biggest client. I'm wondering if I can apply for unemployment benefits through Washington ESD? I know I wasn't technically an employee but I did pay into the system when I had W-2 employees. Has anyone been in a similar situation? I'm really struggling to figure out what I qualify for.

Generally, business owners can't get regular unemployment benefits because you weren't an employee paying into the UI system for yourself. However, there might be some exceptions depending on how your business was structured. Did you ever pay yourself a W-2 salary or were you strictly 1099/owner draws?

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I mostly did owner draws but I think I paid myself a small W-2 salary one year when my accountant recommended it for tax purposes. Maybe 2022?

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That W-2 year might matter! You'd need to check if you paid unemployment taxes on that salary and if it was enough to establish a claim.

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I was in a similar boat when my restaurant closed. The key is whether you were classified as an employee of your own business and paid unemployment taxes. Most small business owners are considered self-employed and don't qualify for traditional UI benefits.

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What did you end up doing? Did you find any other programs that helped?

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I looked into some federal programs but honestly had to just find new work. The whole process was confusing though - calling Washington ESD was impossible.

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You should definitely apply and let Washington ESD determine your eligibility. The worst they can say is no. I've seen cases where business owners qualified because they had complicated employment structures. Use claimyr.com if you need help getting through to an actual person at ESD - they have a system that helps you reach agents without waiting on hold forever. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Thanks for the tip! I've been trying to call for days but can never get through.

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Is that claimyr thing legit? Seems too good to be true if ESD phones are always busy.

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Yeah it's real - they basically handle the calling and waiting for you. Saved me hours of frustration when I had an adjudication issue.

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The rules are pretty strict about this. If you were the owner and didn't elect to pay unemployment taxes on yourself, you're not eligible. Washington ESD has specific criteria and being self-employed usually disqualifies you from regular UI benefits.

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That's what I was afraid of. Are there any other options for small business owners who lose their businesses?

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You might want to look into other assistance programs, but for unemployment specifically, the rules are clear about employee vs owner status.

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wait i thought anyone could get unemployment if they lost their job? this is confusing

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No, you have to have been an employee who paid unemployment taxes. Business owners typically don't pay into the system for themselves.

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oh that sucks. so if i start a business and it fails im just screwed?

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I went through this exact situation 2 years ago with my consulting business. Had to shut down and thought I could get unemployment. Spent weeks trying to figure it out and finally got through to someone at Washington ESD who explained that since I was 1099 the whole time, I didn't qualify. Really frustrating because I had been paying taxes but not unemployment taxes for myself.

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Did you ever find any other help or programs? I'm trying to figure out my next steps.

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I looked into some SBA programs but most required the business to still be operating. Ended up just having to find contract work to get by.

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One thing to consider - if you had employees and paid unemployment taxes as an employer, that doesn't automatically make YOU eligible as the owner. The system is set up for employer-employee relationships, not owner situations.

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Yeah that makes sense. I paid unemployment taxes for my guys but never thought about paying them for myself.

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This whole system is so backwards. Small business owners take all the risk and when things go bad we get nothing while our employees get benefits. Makes no sense.

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That's kind of the trade-off though - as a business owner you have the potential for higher income and tax benefits that employees don't get.

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Tell that to someone who just lost their business and is facing bankruptcy. Those 'benefits' don't help when you're broke.

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There might be some edge cases where business owners qualify. Like if you incorporated and paid yourself as a W-2 employee of your own corporation. The structure of your business matters a lot for these determinations.

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I was just a sole proprietorship, so probably not then.

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Probably not, but still worth checking with Washington ESD directly. Their eligibility rules can be complex.

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The frustrating thing is how hard it is to get clear answers from Washington ESD about these situations. You call and either can't get through or get different answers from different people.

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That's exactly why I mentioned claimyr earlier. Takes the frustration out of trying to reach them by phone.

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Might have to try that if I ever have to deal with ESD again. Their phone system is the worst.

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Just to be clear - you need to have worked as an employee and had unemployment taxes withheld from your paychecks to be eligible. Being a business owner who paid unemployment taxes FOR employees doesn't count. It's about what was paid on YOUR behalf as a worker.

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That makes it crystal clear. Thanks for explaining it that way.

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so basically if youre self employed you get screwed when things go bad? thats messed up

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Self-employed people can elect to pay into the unemployment system in some states, but it's not automatic like it is for regular employees.

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One option is to apply anyway and see what happens. Washington ESD will review your work history and earnings to determine eligibility. If that one year you paid yourself a W-2 salary was recent enough and substantial enough, you might have a claim.

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I think it was only like $15,000 that year and it was 2022. Not sure if that's enough or recent enough.

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The base period they look at includes 2022, so it's worth checking. You need a minimum amount of earnings in covered employment to qualify.

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Another thing to consider is that even if you somehow qualified, your benefit amount would be based on that W-2 income, not your total business income. So it might be pretty low.

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Better than nothing at this point. I'm just trying to figure out any income while I look for work.

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I used to work at a different state's unemployment office and saw this question a lot. The rules are pretty consistent - business owners typically don't qualify unless they specifically elected coverage or had significant W-2 income from their own business.

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Do you know if there's a minimum amount of W-2 income needed? I'm trying to figure out if my 2022 salary was enough.

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Each state has different minimums. In Washington you need earnings in at least two quarters of your base period and meet certain dollar thresholds.

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honestly just apply online and see what happens. if you dont qualify theyll tell you. if you do qualify you get benefits. no harm in trying

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That's probably the best advice. I'll apply tonight and see what they say.

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Good luck with the application! If you run into any issues or need to talk to someone at Washington ESD about your specific situation, that claimyr service I mentioned earlier really does help. Way better than sitting on hold for hours.

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I'll definitely check that out if I need to call them. Thanks for all the help everyone!

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Update us on how it goes! I'm curious to know if that W-2 year makes a difference for your eligibility.

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Will do! I'll post an update once I hear back from them.

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Really hoping it works out for you. The transition from business owner to looking for work is tough enough without having to worry about income.

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Thanks, I appreciate that. It's definitely been a difficult few months.

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One last thought - if you don't qualify for regular unemployment, you might want to look into other assistance programs while you're job hunting. Food assistance, utility help, that kind of thing.

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Good point. I've been so focused on unemployment that I haven't looked into other options.

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211 is a good resource for finding local assistance programs. Just dial 2-1-1.

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