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Olivia Van-Cleve

Can you get Washington ESD unemployment if you own a business - sole proprietor situation

I've been running a small consulting business as a sole proprietor for the past 2 years, but work has completely dried up since last fall. I'm barely making any income and wondering if I can file for unemployment benefits through Washington ESD. I know I haven't been paying into the UI system as a business owner, but I'm not sure what my options are. Has anyone been in a similar situation with their own business and successfully gotten unemployment? I'm really struggling to pay my bills and need to know if this is even possible.

Unfortunately, as a sole proprietor you typically can't collect regular unemployment benefits in Washington because you haven't been paying UI taxes. However, you might be eligible for other programs depending on your situation. Have you looked into Washington's self-employment assistance programs?

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I haven't heard of self-employment assistance programs. Can you tell me more about what those are?

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there's also the question of whether you had W2 employment before starting your business that might make you eligible

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Wait, I'm confused about this too. I thought if you're not making money from your business you could still file? My friend said she got benefits while her business was slow.

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It depends on several factors - whether you're actively operating the business, your availability for work, and your employment history. Just because income is low doesn't automatically qualify you.

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oh that makes sense, I guess it's more complicated than I thought

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I've been trying to get through to Washington ESD about a similar question for weeks! Their phone lines are always busy and I keep getting disconnected. It's so frustrating when you need answers about your eligibility.

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I had the same problem until I found claimyr.com - they help you get through to actual Washington ESD agents. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

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Really? That sounds too good to be true. How does it actually work?

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It's legit - they handle the calling and waiting for you, then connect you when they get an agent on the line. Much better than sitting on hold for hours.

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THE WHOLE SYSTEM IS BROKEN! I've been trying to figure out my options as a business owner for months and Washington ESD gives you the runaround. They don't care about small business owners who are struggling.

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I understand the frustration but there are legitimate reasons for the eligibility requirements

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Yeah well tell that to my landlord when I can't pay rent because I can't get any help

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Let me clarify the actual rules here. For Washington ESD unemployment benefits, you need to have earned wages as an employee where UI taxes were withheld. As a sole proprietor, you're considered self-employed, not an employee of your own business. However, if you had W2 employment within your base period before starting the business, you might still be eligible.

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I did work for a company for about 6 months in 2023 before starting my business. Would that count?

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Possibly! The base period is usually the first four of the last five completed calendar quarters before you file. You'd need to check if those wages fall within your base period.

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this is getting confusing with all the base period stuff

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Also important - even if you're eligible based on past W2 wages, you still need to be able and available for work. If you're actively running your business, Washington ESD might consider you unavailable for other employment.

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What if I put the business on hold temporarily while looking for regular employment?

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That could work, but you'd need to document that you've truly suspended business operations and are actively seeking employment. Washington ESD will scrutinize this.

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I went through this exact situation last year. Had a small business that failed and needed to file for unemployment. The key is being completely honest about your business status and employment availability when you file your claim.

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What ended up happening with your claim? Did you get approved?

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Yes, but only because I had enough W2 wages in my base period and I completely shut down my business operations. I had to provide documentation proving the business was closed.

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what kind of documentation did they want?

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this is all so complicated! why can't they just have a simple answer

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Because every situation is different and they need to prevent fraud while ensuring people who qualify get benefits.

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I finally got through to Washington ESD using that Claimyr service someone mentioned earlier. They were able to explain my specific situation and it turns out I don't qualify because I don't have enough recent W2 wages. At least I know for sure now instead of wondering.

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How long did it take them to get you connected to an agent?

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About 45 minutes total, which is way better than the 3+ hours I was spending trying to call myself.

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Don't forget about the job search requirements too. Even if you qualify for benefits, you'll need to actively search for work and document it. You can't just collect while waiting for your business to pick up.

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That makes sense. I'm definitely ready to look for regular employment at this point.

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Make sure you understand the specific job search requirements - it's not just applying anywhere, you need to do genuine work search activities.

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My cousin had this issue and she ended up having to appeal her initial denial. Sometimes Washington ESD doesn't fully understand complex employment situations on the first review.

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How long did the appeal process take?

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Several months unfortunately. The appeal hearings are backlogged right now.

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just apply and see what happens, worst they can do is say no

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That's not great advice - providing false information on an unemployment application can result in fraud charges.

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I didn't say lie about anything, just apply if you think you might qualify

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Another thing to consider - if you do qualify, your weekly benefit amount will be based on your W2 wages, not your business income. So it might be lower than you expect.

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That's fine, anything would help at this point.

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I had a similar situation but with an LLC instead of sole proprietorship. The rules are slightly different but still generally no unemployment benefits available. You might want to look into small business assistance programs instead.

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Where would I find information about small business assistance programs?

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Start with the Washington State Department of Commerce website - they have various programs for struggling small businesses.

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The timing matters a lot too. When did you start your business relative to when you last had W2 employment? Washington ESD looks at this carefully.

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I started the business about 8 months after leaving my last regular job in 2023.

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That gap might work in your favor since you weren't immediately self-employed after your W2 job ended.

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For anyone still struggling to get through to Washington ESD about eligibility questions, I can't recommend Claimyr enough. They saved me so much time and frustration when I needed to speak with an actual person about my complex situation.

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How much does it cost to use their service?

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It's worth it for the time and stress it saves - check their website for current pricing.

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Make sure you gather all your employment records before applying - pay stubs, tax returns, business records, etc. Washington ESD will want to see everything to determine your eligibility.

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Good point, I should start organizing all that paperwork now.

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One more thing - if you do end up closing your business to apply for unemployment, make sure it's a genuine closure. Washington ESD has ways to verify business activity and they take fraud seriously.

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I'm definitely considering shutting it down completely at this point. There's just no work coming in.

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That's probably your best bet then. Just document everything properly when you file your claim.

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thanks for all this info everyone, this thread has been really helpful for understanding the rules

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Agreed! I have a much better idea of what I need to do now.

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Good luck with whatever you decide to do! The unemployment system is complicated but there are options if you qualify. Don't give up if you think you have a legitimate claim.

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Thank you! I'm going to gather my employment records and probably speak with Washington ESD directly about my situation.

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Definitely use Claimyr to get through to them - it really does work!

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