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Liam Brown

Washington ESD unemployment eligibility for small business owners - how does this work?

I had to close my small consulting business last month after losing my main contract that made up 80% of my revenue. I've been paying into the Washington ESD system as a business owner for years but I'm not sure if I can actually file for unemployment benefits now. Does anyone know how Washington ESD handles unemployment claims for people who were self-employed or owned their own business? I've never had to deal with this before and the Washington ESD website isn't super clear about business owner eligibility.

Business owners can qualify for Washington ESD unemployment benefits, but there are specific requirements. You need to have paid unemployment taxes on your own wages as an owner-employee, and you have to meet the same eligibility criteria as regular employees - like being able and available for work and actively seeking employment.

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Thanks! I did pay unemployment taxes on my salary. Do I need to prove that I'm looking for regular employment now, or can I look for freelance/contract work?

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You can look for freelance work, but you need to report any earnings on your weekly claims and you still have to meet the job search requirements - three job contacts per week unless you're in an approved training program.

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I went through this exact situation two years ago when my restaurant failed. The tricky part is proving you're not still operating any part of your business. Washington ESD will want documentation showing you completely ceased business operations.

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What kind of documentation did they ask for? I've officially dissolved the LLC but still have some outstanding invoices from before I closed.

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They wanted my business closure filing, final tax returns, and a letter explaining when and why I stopped operations. Outstanding invoices from before closure shouldn't be an issue as long as you're not actively working.

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How much does something like that cost? Seems like it could be worth it if you're stuck in limbo.

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They don't require any personal info upfront and focus on just helping you connect with Washington ESD agents. Way better than sitting on hold for hours only to get disconnected.

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wait so if i had an LLC but never paid myself unemployment taxes i cant get benefits?? this is so confusing

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Correct - if you didn't pay unemployment taxes on wages to yourself, you wouldn't have built up the wage credits needed for a Washington ESD claim. You would have needed to elect coverage and pay into the system.

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ugh that sucks. wish someone had told me this when i started my business

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The Washington ESD system is so backwards when it comes to business owners. They make it nearly impossible to qualify and then when you do qualify, they question everything you do. I had to go through three different adjudication reviews just to prove I wasn't secretly still running my business.

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Three adjudication reviews?? How long did that take to resolve?

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Almost two months. Each time they wanted more documentation. It was a nightmare and I almost gave up on the whole thing.

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One thing to remember is that your benefit amount will be calculated based on the wages you paid yourself, not your business revenue. So if you paid yourself a low salary but had good business profits, your weekly benefit will be based on that low salary.

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That makes sense. I paid myself a decent salary so hopefully that won't be an issue.

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Yeah this caught me off guard too. My business was making good money but I kept my official salary low for tax reasons. Unemployment was way less than I expected.

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Are you sure you want to go through with filing? Once you file for Washington ESD unemployment as a business owner, they're going to scrutinize everything. Every bank transaction, every business contact, every potential opportunity.

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I need the income while I look for regular employment. The business is definitely closed so I should be eligible.

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Don't let the scrutiny scare you away if you legitimately qualify. Just make sure you have all your documentation organized and be completely transparent about your situation.

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I tried filing after my business closed and they denied me initially because they said I was still 'available for self-employment opportunities.' Had to appeal and explain that I was specifically seeking traditional employment only.

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How did the appeal process go? Did you need a lawyer or were you able to handle it yourself?

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I handled it myself. The key was being very specific about my job search activities and showing that I was only applying for employee positions, not looking for new business opportunities.

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make sure you dont have any employees still on payroll or they'll say your business isnt really closed

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Good point. I let my only employee go when I made the decision to close, so that should be fine.

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The job search requirement is going to be interesting for you. Since you were self-employed, Washington ESD might want to see that you're specifically targeting employee positions and not just networking for potential freelance work.

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That's a good point. I'll make sure to apply for actual W-2 positions and document those applications properly.

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Exactly - keep detailed records of your job search activities. Washington ESD can audit your job search log at any time.

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I've been through this process and honestly the hardest part is getting someone at Washington ESD on the phone to explain your specific situation. The automated system doesn't handle business owner scenarios very well.

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That's exactly why I mentioned Claimyr earlier. When you have a complex situation like business ownership, you really need to talk to an actual person who can review your case properly.

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I'll have to check that out. I spent weeks trying to get through to someone who understood business owner eligibility.

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Don't forget about the waiting week! Even if you qualify, you won't get paid for your first week of unemployment. And if there are any issues with your claim, the whole process gets delayed.

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Right, I forgot about the waiting week. Thanks for the reminder.

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my cousin went through this last year and washington esd made her prove she wasnt getting any money from the business anymore. they wanted bank statements going back 6 months

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Six months of bank statements? That seems excessive but I guess I should be prepared for that level of documentation.

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It's not uncommon for them to request extensive financial documentation for business owners. The key is having everything organized and being able to show a clear cessation of business activity.

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One thing that helped me was getting a letter from my accountant explaining the business closure and confirming that all operations had ceased. Washington ESD seemed to take that more seriously than just my own documentation.

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That's a great idea. My accountant handled the dissolution paperwork so they could definitely provide a letter like that.

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Just remember that if you do any freelance or consulting work while on unemployment, you have to report every penny. They're especially strict about this with former business owners.

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Understood. I'm planning to focus entirely on finding employee positions anyway, so hopefully that won't be an issue.

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Good plan. Any unreported income, even small amounts, can result in an overpayment determination and penalties.

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The whole process took about 3 weeks for my claim to get approved after I filed. There was some back and forth about documentation but once I provided everything they needed, it went through without issues.

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Three weeks isn't too bad if that includes the documentation review. Were you able to certify for benefits during that time or did you have to wait?

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I could file my weekly claims but they were held in pending status until the review was complete. Once approved, I got paid for all the weeks I had certified.

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Whatever you do, don't try to restart any kind of business activity while you're collecting benefits. I know someone who got caught doing some 'small' freelance projects and Washington ESD hit them with a huge overpayment bill.

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Definitely won't be doing that. I'm done with business ownership for now and just want to find steady employment.

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Has anyone here had success using claimyr to get through to washington esd about business owner questions? seems like it could save a lot of time

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Yes, I used it specifically for questions about my business closure documentation. Got through to an agent in about 20 minutes instead of spending all day trying to call.

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that sounds way better than what ive been dealing with. gonna check out that video demo

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The bottom line is that business owners can qualify for Washington ESD unemployment, but you need to have paid into the system and be able to prove complete cessation of business operations. It's more complicated than regular employee claims but definitely possible.

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Thanks everyone for all the helpful information. I feel much more prepared to file my claim now and I know what documentation to have ready.

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Good luck with your claim! Just remember to be thorough with your documentation and honest about your situation. The process might take a few weeks but if you qualify, you should be able to get benefits.

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One last tip - when you file your weekly claims, make sure you understand the difference between 'able and available' and actively seeking work. As a former business owner, they might question your availability for traditional employment.

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Good point. I'll make sure my job search activities clearly show I'm seeking employee positions and available for traditional work schedules.

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I went through a similar situation when I had to close my marketing agency in 2023. One thing I wish I had known earlier is to keep detailed records of your business closure date and all the steps you took to wind down operations. Washington ESD will want to see evidence like your final client communications, office lease termination, business license cancellation, etc. Also, be prepared for them to ask about any business assets you might have sold or transferred - they want to make sure you're not just restructuring to collect benefits. The process can be lengthy but if you legitimately closed your business and paid unemployment taxes on your wages, you should qualify. Just be patient and have all your paperwork organized from the start.

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