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Kaitlyn Jenkins

Washington ESD unemployment filing process for business owners - confused about eligibility

I'm a small business owner and my company has been struggling financially. I've been paying myself through payroll for the past 2 years but had to stop taking a salary 3 months ago. I'm wondering if I can file for Washington ESD unemployment benefits since I was technically an employee of my own business? I've been paying into the system through payroll taxes. Has anyone been in a similar situation? I'm not sure if business owners are even eligible or what documentation I'd need to provide.

Business owners can be eligible for Washington ESD unemployment if they were paying themselves through W-2 wages and contributing to the unemployment insurance system. The key is that you need to have been an actual employee of your business, not just drawing owner distributions.

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That's exactly my situation - I was on W-2 payroll. Do I need any special forms or just file normally through the SecureAccess Washington site?

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File through the normal process but be prepared to provide extra documentation like your business registration, payroll records, and tax returns to verify your employment status.

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I tried filing as a business owner last year and it was a nightmare. Washington ESD kept asking for more and more documentation and my claim got stuck in adjudication for weeks.

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What kind of documentation did they ask for? I want to be prepared if I decide to file.

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They wanted business license, articles of incorporation, quarterly wage reports, bank statements showing payroll deposits, and a letter explaining why I stopped paying myself.

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I had success getting through to Washington ESD about my business owner claim using Claimyr (claimyr.com). Their system got me connected to an actual agent who walked me through the whole process. There's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Really helpful when you have complex situations like business ownership.

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Never heard of that service but the Washington ESD phone lines are impossible to get through on. How much does it cost?

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They focus on getting you connected rather than cost, and it worked way better than spending hours redialing the main number. Worth checking out if you're stuck.

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Thanks for the suggestion! I'll look into that if I run into issues with my application.

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The most important thing is that you have to show you're genuinely unemployed and not just restructuring how you pay yourself. Washington ESD will scrutinize business owner claims more carefully to prevent fraud.

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That makes sense. My business is barely breaking even so I definitely can't afford to pay myself right now.

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Document everything - bank statements, profit/loss statements, anything that shows the business can't support paying you wages.

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wait can you even get unemployment if you own a business?? that seems weird to me

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If you're a legitimate employee of your own corporation and paying into the system, yes. It's not common but it's legal.

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huh learn something new every day i guess

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One thing to watch out for - they might question your job search requirements. How do you look for work when you're still running a business? That was a sticking point for me.

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Good point. I guess I'd need to show I'm looking for employment outside of my business activities.

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Exactly. You need to demonstrate genuine job search efforts and availability for work, not just trying to supplement business income.

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This whole process sounds super complicated. Maybe it's easier to just try to get a business loan or something instead of dealing with Washington ESD bureaucracy.

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I've already tried that route. Banks aren't lending to small businesses in my industry right now.

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If you paid into the system, you have a right to benefits when eligible. Don't let the complexity discourage you from claiming what you're owed.

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I went through this exact situation in 2023. The key documents you'll need are: 1) Corporate tax returns showing W-2 wages to yourself, 2) Payroll records, 3) Business license, 4) Bank statements showing payroll deposits stopped, 5) Financial statements showing business can't afford wages.

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This is incredibly helpful! How long did your application take to process?

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About 6 weeks total, but 4 of those were in adjudication while they verified everything. Once approved, I got back pay for the waiting period.

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Make sure you understand the difference between being an owner-employee vs. just an owner. If you only took distributions and didn't pay payroll taxes on yourself, you won't qualify.

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I was definitely on payroll with all the proper tax withholdings. My accountant set it up that way from the beginning.

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Another thing - when I used Claimyr to get through to Washington ESD, the agent explained that business owners need to be extra careful about reporting any income from the business while on unemployment, even if it's just a few dollars.

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What if the business makes a little money but not enough to pay wages? Do I still need to report that?

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Yes, any income from any source needs to be reported on your weekly claims. The agent was very clear about that.

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File as soon as possible if you're going to do it. The waiting period starts from when you file, not when you stopped paying yourself wages.

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I didn't know there was a waiting period. How long is it?

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One week waiting period for most claims, but you can get paid for it retroactively once you're approved and have served the week.

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honestly the whole system is set up to make it as hard as possible for people to get benefits they paid into. business owners probably have it even worse than regular employees

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So true. They act like we're trying to cheat the system when we paid into it just like everyone else.

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While the process can be frustrating, there are legitimate reasons for the extra scrutiny on business owner claims. Just be thorough with documentation.

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Update - I decided to start the application process. The initial filing wasn't too bad, but now I'm waiting to see what additional documentation they'll request. Thanks everyone for the advice!

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Good luck! Keep all your documentation organized and respond quickly to any requests from Washington ESD.

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If you get stuck or need to talk to someone at Washington ESD, remember that Claimyr option I mentioned. Really saved me time and stress.

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Question - if you're approved for unemployment as a business owner, can you still work on the business while collecting benefits?

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You need to be available for full-time work and actively job searching. Working on your business could conflict with those requirements depending on the time commitment.

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I was allowed to do minimal administrative tasks but had to report any time spent and couldn't take on new business or marketing activities.

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This is really interesting. I'm in a similar boat with my consulting business. Revenue dropped to almost nothing but I'm still technically the owner.

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Were you paying yourself through payroll or just taking what the business made? That seems to be the key difference.

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Just taking business income, no formal payroll. Sounds like I probably wouldn't qualify then.

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One more thing - if you do get approved, keep detailed records of your job search activities. They audit business owner claims more frequently than regular ones.

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What kind of job search records do they want to see?

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Dates, companies contacted, positions applied for, networking activities. I kept a spreadsheet with everything.

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my brother tried this and they denied him because they said he could just pay himself again if he wanted to. seems like a catch-22

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That's why the financial documentation is so important. You need to prove the business genuinely can't afford to pay wages.

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Your brother could potentially appeal that decision if he has good documentation showing the business couldn't support wages.

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For anyone still following this thread, I used Claimyr again recently when I had questions about reporting business income while on unemployment. Getting through to Washington ESD directly is still nearly impossible, but their service connects you reliably.

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Good to know that's still working well. I'll definitely keep that option in mind if I need to speak with someone.

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Thanks for posting this question OP. I didn't even realize business owners could potentially qualify for unemployment. This thread has been really educational.

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Same here! I was hesitant to even ask because I thought it might not be allowed.

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It's not widely known, but if you paid into the system as an employee, you have the same rights as any other worker.

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Final word of advice - if you do this, don't try to restart paying yourself wages while on unemployment without reporting it properly. Washington ESD will find out and you could face overpayment issues.

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Definitely noted. I'll make sure to report everything accurately if I get approved.

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Absolutely. The penalties for unreported income can be severe, especially for business owners who they're already watching closely.

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