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Omar Fawaz

Can you apply for unemployment if you are self employed - Washington ESD eligibility?

I've been running my own small consulting business for the past 2 years but work has completely dried up. I haven't had any clients in over a month and I'm struggling to pay my bills. I always thought self-employed people couldn't get unemployment benefits, but a friend mentioned something about changes after the pandemic. Can I actually apply for regular unemployment through Washington ESD if I'm self-employed? Or do I need to have been an employee somewhere? I'm really confused about the rules and could use some guidance.

Unfortunately, traditional unemployment insurance (UI) through Washington ESD is only for people who were employees and had payroll taxes taken out. As a self-employed person, you wouldn't qualify for regular unemployment benefits because you haven't been paying into the UI system through payroll deductions.

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That's what I was afraid of. So there's really no safety net for self-employed people when business goes bad?

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There used to be PUA during COVID but that ended in 2021. Now it's back to the old rules.

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Actually, you might still have options depending on your work history. Did you have any W-2 employment in the past 18 months before starting your business? Washington ESD looks at your base period earnings, so if you worked as an employee recently enough, you could potentially qualify for benefits based on those wages.

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I did work for a company until about 3 years ago before I went out on my own. Would that be too long ago?

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Unfortunately yes, that would be outside your base period. Washington ESD typically looks at the first 4 of the last 5 completed quarters before you file your claim.

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Have you tried calling Washington ESD directly to ask about your specific situation? Sometimes there are edge cases or special circumstances they can help with. I know their phone lines are always busy though - I spent hours trying to get through when I had questions about my claim.

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I haven't tried calling yet because I figured they'd just tell me no. Maybe I should give it a shot though.

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Good luck getting through! I've been trying to reach them for weeks about my adjudication issue.

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If you're having trouble getting through to Washington ESD, you might want to check out Claimyr at claimyr.com. They help people get connected to ESD agents without waiting on hold for hours. I used them last month when I couldn't get through about my weekly claim issue and they got me connected in like 20 minutes. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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That's interesting, I'll look into that. Thanks for the suggestion!

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Never heard of that service before but anything to avoid sitting on hold for 3+ hours sounds good to me.

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You should also look into other assistance programs while you're figuring this out. SNAP benefits, utility assistance, maybe even local food banks. Being self-employed doesn't disqualify you from other safety net programs.

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Good point, I hadn't thought about other programs. I was so focused on unemployment that I didn't consider 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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Wait, are you sure you were truly self-employed? Some people think they're independent contractors but they're actually misclassified employees. If your clients controlled your work schedule, provided tools, or treated you like an employee, you might have grounds for an unemployment claim.

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I definitely set my own hours and used my own equipment. It was legitimate consulting work, not misclassification.

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Yeah, that sounds like true self-employment. The misclassification angle only works if you were really an employee in disguise.

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This is so frustrating! The system is set up for traditional employees but more and more people are freelancing and running small businesses. We need better safety nets for gig workers and self-employed people.

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Totally agree. The employment landscape has changed but the benefits system hasn't caught up.

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Exactly! It feels like we're penalized for being entrepreneurial.

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Have you considered looking for part-time W-2 work while you rebuild your consulting business? Even a few hours a week could help with cash flow and might give you some employment history for future unemployment eligibility.

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That's not a bad idea. I could do some part-time work while still trying to find consulting clients.

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Just make sure to report any part-time earnings if you do end up getting unemployment benefits somehow. Washington ESD is strict about that.

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I was in a similar situation last year. Self-employed for 4 years, then business tanked. I ended up having to take a regular job because there was no unemployment safety net. It sucks but sometimes you gotta do what you gotta do.

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How long did it take you to find regular employment? I'm worried about the gap in my resume.

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About 6 weeks, but I wasn't picky. The consulting experience actually helped in interviews - showed I was self-motivated.

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Did you ever pay into the unemployment system as self-employed? I think there might be voluntary programs in some states, but I don't think Washington has one.

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No, I never paid into anything like that. I didn't even know it was an option.

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Washington doesn't have a voluntary UI program for self-employed people. That's only in a few states.

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You might want to talk to a tax professional too. Sometimes there are business tax credits or deductions you can claim that might help offset some of your financial stress while you figure out next steps.

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Good suggestion. I should probably talk to my accountant anyway about the business situation.

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The harsh reality is that self-employment comes with risks, and this is one of them. No unemployment insurance is part of the trade-off for being your own boss. Hopefully you set aside some emergency funds when business was good.

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I did have some savings but they're running low after a month with no income. I thought the business would pick up by now.

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That's a pretty harsh way to put it. People lose their jobs through no fault of their own all the time, whether employed or self-employed.

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I'd still recommend calling Washington ESD just to be 100% sure. Rules can be complicated and you never know if there's something you're not considering. If you use that Claimyr service someone mentioned earlier, at least you won't waste your whole day on hold.

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You're right, it can't hurt to ask. I'll look into Claimyr and see if I can get through to someone at ESD.

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Yeah, definitely worth a call. Sometimes there are weird edge cases or recent rule changes that people don't know about.

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Another thing to consider - if you do find W-2 work, make sure you understand how it might affect any future unemployment claims. Washington ESD has specific rules about how they calculate benefits when you have mixed employment types.

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I hadn't thought about that complication. The rules seem really complex.

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They are complex. That's why talking to an actual ESD agent is usually better than trying to figure it out from the website.

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Have you looked into business grants or loans for small businesses? The SBA has programs that might help you get through this rough patch and restart your consulting business.

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I looked into some of those programs but most seem to require being in business for longer or having employees. I'll do more research though.

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Just wanted to add that if you do end up taking a regular job, don't give up on your consulting business entirely. You can often build it back up slowly on the side once you have some stable income coming in.

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That's encouraging. I was worried I'd have to choose one or the other permanently.

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Lots of people do consulting on the side. Just make sure your employer is okay with it if there's any conflict of interest.

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I tried Claimyr when I had issues with my job search requirements and it worked great. Really saved me from spending half a day trying to get through to Washington ESD. Definitely worth trying if you decide to call them about your situation.

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Thanks for the recommendation! It sounds like multiple people have had good experiences with them.

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Bottom line - as a truly self-employed person with no recent W-2 wages, you probably won't qualify for regular unemployment benefits through Washington ESD. But it's still worth confirming with them directly, and in the meantime, look into other assistance programs and consider your options for getting back into the workforce.

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That seems to be the consensus. I appreciate everyone's input - it's given me a clearer picture of my options.

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Good luck with whatever you decide to do. Being self-employed is tough when things go bad, but you've got options to get through this.

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