ESD eligibility when company is sold and position eliminated? Confused about my options
I just found out my company is being sold to another firm and my current position won't exist after the transition (happening in about 5 weeks). I'm trying to understand if this qualifies me for unemployment benefits through ESD. My manager mentioned something about a "lack of work" situation, but I'm confused because technically I'm not being fired or laid off - my position is just disappearing. I've been with the company for 3.5 years and am worried about finding something comparable quickly. Does anyone know if I qualify for unemployment in this situation? Do I need to wait until my last day to file, or can I start the process earlier? Any advice appreciated!
24 comments


Carmen Diaz
yes this is definitely a layoff situation even if they dont call it that. when your position is eliminated its considered "lack of work" which is exactly what qualifies for UI. dont quit early tho or they might say you left voluntarily!!
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Yuki Tanaka
•Thanks for the quick response! Really relieved to hear this. So should I wait until my actual last day to apply for benefits? And is there anything specific I should make sure is included on my separation letter?
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Andre Laurent
This is considered a qualifying separation under ESD rules. When a business is sold and positions are eliminated, it falls under "lack of work" which is one of the primary qualifying reasons for unemployment benefits. Here's what you should do: 1. Wait until your actual last day to file your initial claim 2. Make sure your separation letter clearly states your position was eliminated due to the company sale (not performance) 3. When filing, select "laid off/lack of work" as your reason for separation 4. Have your last 18 months of employment history ready as ESD will need this information If the new company offers you a position that is substantially different (lower pay, different duties, etc.), you may still qualify even if you decline it, but that gets more complicated.
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Yuki Tanaka
•This is incredibly helpful, thank you! I'll make sure my separation letter includes the specific language about position elimination. Do you know if there's a waiting period after filing before benefits kick in? I'm trying to budget accordingly.
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Emily Jackson
i went through something similar when my retail store was bought out last year!!! waiting period is one week after u file but make sure u do the weekly claims every single week even while waiting for approval or u lose $$$$$
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Yuki Tanaka
•Good to know about filing weekly claims right away - I wouldn't have known that. Were you able to get benefits pretty quickly once approved?
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Liam Mendez
In Washington state, position elimination due to a business being sold absolutely qualifies for unemployment. The key is making sure your employer reports the separation correctly to ESD. Request documentation in writing that clearly states your position was eliminated due to the business sale, not for performance reasons. Also, be aware that if the new company offers you a position, you may be required to accept it if it's considered "suitable work" (comparable pay, similar duties, reasonable commute). Declining suitable work can disqualify you from benefits. As others mentioned, there's a one-week waiting period before benefits start, and you must file weekly claims starting immediately, even during the waiting period. The maximum weekly benefit amount is currently around $995 depending on your previous earnings.
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Yuki Tanaka
•Thanks for this detail. The new company hasn't offered anything yet, but I'll keep in mind what you said about "suitable work" if they do. Really hope this doesn't end up in adjudication - seems like that can delay things significantly.
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Sophia Nguyen
they told me my job was being eliminated when my company got sold but then the new owners just hired someone else for basically the same job with a different title!! fought with ESD for MONTHS trying to get benefits because the company claimed i was fired for performance instead of position elimination. make sure you get EVERYTHING in writing!!!
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Jacob Smithson
•That's terrible! Did you eventually get approved? I'm dealing with a similar situation and wondering if I should get a lawyer involved. ESD keeps giving me the runaround.
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Isabella Brown
I've tried calling ESD multiple times with questions about my claim in a similar situation, and it's almost impossible to get through. After weeks of frustration, I found this service called Claimyr (claimyr.com) that got me connected to an actual ESD agent in about 15 minutes instead of spending hours redialing. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Totally worth it for getting clear answers directly from ESD about my eligibility when my company changed ownership. The agent was able to note specific details on my account that prevented issues later.
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Jacob Smithson
•Does this actually work? I've been trying to reach ESD for two weeks with no luck. My claim has been stuck in processing and I'm getting desperate.
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Maya Patel
Whatever you do DON'T QUIT before the transition!!!! My friend did that when his company was being acquired and ESD denied him because they said he voluntarily quit. Make them lay you off officially.
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Yuki Tanaka
•Definitely not planning to quit - I need the income right up until the end. Thanks for reinforcing this important point!
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Emily Jackson
ur supposed to start looking for work right away just fyi. they want u to do like 3 job search activities every week and u gotta log them. i got in trouble for not doing enough job searches even tho i was waiting for my claim to be approved lol
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Yuki Tanaka
•Good reminder about the job search requirements. Do you know if those start immediately when I file, or after the waiting week?
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Andre Laurent
To answer your follow-up question: Yes, job search requirements begin immediately with your first weekly claim. You need to complete and document at least 3 job search activities each week. Regarding getting your benefits quickly after approval: If your case is straightforward (position elimination clearly documented), you could see benefits within 2-3 weeks of filing. However, if your claim goes to adjudication for any reason, it could take 6-8 weeks or longer. One more tip: Make sure your employer uses the correct separation code when reporting to ESD. For position elimination due to business sale, it should be coded as a lack of work/layoff situation, not a voluntary quit or termination. This single detail can make the difference between a smooth claim and months of fighting the system.
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Yuki Tanaka
•This is really helpful - I'll definitely follow up with HR to make sure they're using the right separation code. I'm going to start job searching right away regardless, but it's good to know exactly when the official requirements kick in. Thank you!
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Emily Jackson
btw when u file online it asks for a whole bunch of past employers and pay stubs and stuff so get that ready b4 u start the application. took me like 2 hours to finish everything
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Mary Bates
I'm in almost the exact same situation right now - my company just announced they're being acquired and several positions including mine are being "restructured out." Reading through all these responses has been really helpful! One thing I'd add is to screenshot or save copies of any internal communications about the sale/restructuring. My HR department sent an email explaining which positions were being eliminated and why, and I made sure to save that as backup documentation in case ESD needs additional proof that this wasn't performance-related. Also, if your company offers any kind of severance package, make sure you understand how that might affect your unemployment timing. Some severance is paid as a lump sum (shouldn't delay benefits) while others are paid out over time (might delay when you can start collecting). Good luck with everything - it's stressful but sounds like you're asking all the right questions!
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Natasha Volkova
•Thanks for sharing your experience! That's a great tip about saving internal communications - I didn't think about that. Our HR sent a similar email about the restructuring, so I'll make sure to save that along with any other documentation. Good point about severance too - they haven't mentioned anything yet but I'll definitely ask about the timing and structure if they do offer something. It's oddly comforting to know others are going through the same thing right now, even though I wouldn't wish this stress on anyone! Did your company give you much advance notice, or was it pretty sudden? I'm grateful we got about 5 weeks heads up, but I'm wondering if that's typical.
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Connor Gallagher
This is such a stressful situation but you're definitely on the right track asking these questions early! I went through something similar when my previous employer was acquired by a larger company about 2 years ago. A few additional tips based on my experience: 1. Keep detailed records of ALL communications about the sale/transition - emails, meeting notes, any documentation they give you about your position being eliminated 2. If they ask you to help train your replacement or transition your duties, do it professionally but make sure it's clear this isn't you quitting - you're fulfilling your job duties until your position is eliminated 3. Consider asking HR for a letter stating your position elimination date and reason while you still have a good relationship with them - it's easier to get this now than after you've left The 5 weeks notice you got is actually pretty generous compared to what some companies do. Use that time wisely to get all your documentation in order and start networking (even though you can't officially job search for UI purposes until you file). Also, don't stress too much about the application process - yes it's long and detailed, but Washington's system is pretty user-friendly once you get started. You've got this!
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PaulineW
•This is really reassuring to hear from someone who's been through it! I'm definitely going to ask HR for that letter you mentioned - that's a smart idea to get it while things are still amicable. The tip about training a replacement is especially helpful since they've already hinted that might be needed during the transition. I'll make sure to document that I'm just fulfilling my current job duties, not volunteering to stay longer or anything that could be misconstrued as me wanting to quit. The 5 weeks does feel generous when I think about it that way - I'm trying to use the time productively to get organized and prepare mentally for the change. Thanks for the encouragement, it really helps to know others have navigated this successfully!
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StarSailor
I'm really sorry you're going through this - it's such an unsettling situation even when you know it's coming! I was in a similar position about a year ago when my company was acquired and they eliminated my entire department. Just want to echo what others have said about documentation being crucial. Beyond the separation letter, I'd also recommend taking screenshots of any job postings the new company might put up that look suspiciously similar to your current role (like what Sophia mentioned happened to her). One thing I wish someone had told me: if you have any unused PTO or vacation days, find out how those will be handled. Some companies pay them out immediately, others include them in your final paycheck, and this can affect the timing of when you should file your claim. Also, the ESD website has a really helpful "Am I Eligible" questionnaire that can give you peace of mind about your situation before you actually file. It walks through different scenarios including business sales and position eliminations. The waiting is definitely the hardest part, but it sounds like you're being very proactive about understanding the process. That's going to serve you well when it comes time to actually file!
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