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Miguel Ortiz

Do companies have to pay unemployment - Washington ESD eligibility question

I'm trying to understand how unemployment works in Washington state. My friend told me that companies don't actually pay for unemployment benefits, but I thought they did? I'm asking because I'm worried about filing a claim - I got laid off last week from a small tech startup and I'm not sure if I'm eligible. The company only had like 8 employees and I'm wondering if they even paid into the unemployment system. Can someone explain how this works with Washington ESD?

Yes, employers in Washington absolutely have to pay unemployment taxes. It's called SUTA (State Unemployment Tax Act) and it's mandatory for almost all employers. The rate varies based on the company's experience rating - basically how many former employees have filed claims.

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So even small companies have to pay? That's good to know. Does that mean I should be eligible for benefits then?

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Yes, company size doesn't matter much. As long as they had at least one employee for 20 weeks in a year or paid $1,000+ in wages during any quarter, they're covered.

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Your friend is completely wrong lol. Companies definitely pay for unemployment insurance. It's one of the required payroll taxes along with workers comp and stuff. The employer pays quarterly to Washington ESD based on their payroll.

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Thanks! I was getting confused because she seemed so sure about it.

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I've been dealing with Washington ESD for months trying to get through to someone about my claim status. If you're planning to file, be prepared for a long wait to talk to anyone. The phone system is impossible - I've been calling for weeks and keep getting disconnected. Recently found out about a service called Claimyr that actually helps you get through to ESD agents. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Might save you the headache I've been going through.

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How much does that service cost? Seems like something that should be free to begin with.

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I'd rather pay something than waste hours of my life on hold. The stress of not being able to reach anyone when you need help with your claim is worth avoiding.

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Good to know there are options if I run into problems. Hopefully I won't need to use it but I'll keep it in mind.

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The employer pays the full cost of unemployment insurance premiums. Employees don't pay anything for UI benefits (unlike some other states). The rate depends on the employer's history - companies with lots of layoffs pay higher rates.

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Wait, so in some states employees have to pay for unemployment insurance? That's crazy.

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Yeah, a few states like Alaska and New Jersey have employee contributions. Washington is employer-paid only.

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I work in HR and can confirm - we pay quarterly unemployment taxes to Washington ESD. The rate varies but it's usually between 0.2% and 6% of wages depending on experience rating. New employers start at a standard rate around 2.7%.

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That's really helpful context. So a startup would probably be paying the standard rate since they're new?

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Exactly. They wouldn't have an experience rating yet so they'd pay the standard new employer rate.

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Does that mean they might be more likely to contest unemployment claims to keep their rate low?

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Some companies do contest claims to protect their experience rating, but legitimate layoffs usually don't get contested. It's more about misconduct cases.

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I'm confused about something related - if I quit my job, does that affect what the company pays for unemployment? Like if I file a claim after quitting?

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You generally can't get unemployment if you quit without good cause. The company would contest it and you'd likely be denied. Their rates are based on approved claims, not just any claim filed.

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Ok that makes sense. I was wondering if quitting would still cost them money somehow.

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ugh the whole system is so confusing. I got laid off 2 months ago and I'm still waiting for my claim to be approved. It's in adjudication or something and I can't get anyone on the phone to explain what's happening.

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That's exactly the situation I mentioned Claimyr for earlier. They specialize in getting you connected to ESD agents when you can't get through on your own. Might be worth trying since you've been waiting so long.

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I'll look into it. At this point I'm desperate to talk to someone who can actually help.

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Hope you get it sorted out soon. That sounds really stressful.

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Just to be clear for the original poster - your employer definitely paid unemployment taxes so you should be eligible to file a claim. The key things are whether you worked enough hours and earned enough wages in your base period.

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What's a base period? I worked there for about 10 months full-time if that helps.

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Base period is the first 4 of the last 5 completed quarters before you file. 10 months full-time should definitely qualify you.

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Companies hate paying unemployment taxes but yeah it's mandatory. I've seen some try to classify workers as contractors to avoid it but that usually backfires when the workers file claims anyway.

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I was definitely a regular employee with W2 and everything, so that shouldn't be an issue.

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Good, that makes everything straightforward. Contractor vs employee classification can be a real headache in unemployment cases.

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The system is set up so that employers fund the entire unemployment insurance program through their payroll taxes. It's basically insurance that protects workers when they lose their jobs through no fault of their own.

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That's a good way to think about it. Makes sense that it would be employer-funded since they're the ones making the layoff decisions.

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Does anyone know if there are penalties for companies that don't pay their unemployment taxes? Like what happens if they just don't pay?

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Oh yeah, there are definitely penalties. Interest charges, liens on business assets, even criminal charges in extreme cases. ESD takes it seriously.

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Plus the business can lose its license to operate in some cases. It's not something companies can just ignore.

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Update on my situation - I actually tried that Claimyr service someone mentioned and it worked! Finally got through to an ESD agent after 2 months of trying on my own. Turns out there was just a simple verification issue holding up my claim. Wish I'd known about it sooner.

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So glad it worked out for you! That's exactly what I was hoping when I mentioned it.

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That's awesome! Good to know it actually works if I need it.

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Ok I'm convinced, bookmarking their site just in case.

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For what it's worth, I've been through the unemployment process twice in Washington and both times went smoothly. Filed online, got approved within a couple weeks, no issues. Not everyone has problems with the system.

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You're lucky! Maybe it depends on the type of separation or something.

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Could be. Both times were straightforward layoffs, no complications.

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just remember when you file your claim you have to do the weekly certifications and job search requirements. it's not just free money, there are ongoing obligations

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Yeah I've heard about that. How many jobs do you have to apply for each week?

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It's 3 job search activities per week, but they can be applications, networking, interviews, etc. Not just applications.

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The whole employer-funded system makes sense when you think about it. Companies benefit from having a skilled workforce, so they should contribute to supporting workers between jobs. Helps maintain economic stability too.

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That's a nice idealistic view but companies definitely see it as just another tax burden they have to deal with.

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Maybe, but it's still better than having no safety net at all for workers.

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I'm actually surprised your friend thought companies don't pay. That's like saying companies don't pay workers comp or payroll taxes. It's all part of the cost of having employees.

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Yeah I think she was confused about something else. Probably thinking of health insurance where employees pay part of the premium.

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One thing to keep in mind - even though your employer paid into the system, they might still contest your claim if they think you weren't really laid off. Some companies try to avoid having claims charged to their account.

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It was definitely a legitimate layoff - they had to cut costs and let several people go. I have the paperwork to prove it.

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Good, keep that documentation. If they do contest it, you'll need to show it was involuntary separation.

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The unemployment tax system in Washington is actually pretty well designed compared to other states. The experience rating system incentivizes companies to maintain stable employment instead of just hiring and firing constantly.

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Agreed. Companies that lay off frequently end up paying much higher rates, which makes sense.

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Bottom line for the OP - yes companies pay unemployment taxes, yes you're probably eligible, and yes you should file your claim ASAP. Don't wait around wondering about it.

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Thanks everyone! I'm going to file my claim tomorrow. This thread was really helpful in clearing up my confusion.

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Good luck with your claim! Remember to file your weekly certifications on time once you're approved.

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One last tip - if you do run into any issues reaching ESD by phone, that Claimyr service really does work. I was skeptical at first but it saved me hours of frustration when I needed to update my claim information.

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Noted! Seems like a lot of people have had success with it.

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