Can self-employed 1099 workers qualify for EDD unemployment in California?

Regular UI benefits are typically only for W-2 employees. As a 1099 worker, you're technically self-employed, which normally disqualifies you from standard unemployment. However, there are some situations where you might qualify. If you believe you were misclassified as a contractor but were actually treated like an employee, you could file and let EDD investigate. California has strict rules about worker classification under AB5. I recommend checking out Claimyr (claimyr.com) - they helped me get through to an EDD specialist to discuss my complex employment situation within 15 minutes instead of waiting days. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km

I WENT THROUGH THIS EXACT THING last year! The key is whether you were ACTUALLY an independent contractor or if the company was just calling you that to avoid paying taxes/benefits. If they controlled HOW and WHEN you worked, provided equipment, required specific hours, etc., you might actually have been an employee under CA law. File anyway and let EDD decide - the worst they can say is no. During pandemic they had special benefits for 1099 workers (PUA) but those are gone now.

Dont listen 2 these people they dont know what there talking about. I was 1099 and EDD denied me right away saying i wasnt eligible. Waste of time unless ur a w2 employee.

The biggest question is: were you TRULY self-employed or were you actually functioning as an employee but being paid on a 1099? California has the ABC test from AB5 legislation which makes it harder for companies to classify workers as independent contractors. Here's what they look at: 1) Were you free from company control in how you did your work? 2) Was the work you did outside the company's main business? 3) Do you have an independently established business doing this type of work? If the answer is "no" to ANY of these, you were likely misclassified and should be eligible for unemployment! File your claim, be honest about your situation, and be ready for a phone interview where they'll ask detailed questions about your working arrangement.

i had a friend who was a 1099 driver and she got approved for benefits after her company fired her. EDD did a phone interview and decided she was actually an employee. took like 6 weeks but she got backpay for all of it.

just a heads up if you do file - be super honest about how they treated you and your working conditions. my buddy tried applying and kinda messed up by making it sound like he had more independence than he really did & got denied. when edd calls for the interview (and they will) have examples ready of how they controlled your work

To give you the most accurate information: Under regular circumstances, true independent contractors (1099 workers) aren't eligible for traditional unemployment insurance in California. However, if your working arrangement doesn't meet the legal definition of an independent contractor under California's AB5 law, you may qualify. When you file, EDD will investigate your working relationship. Be prepared to wait longer than a typical claim - misclassification investigations can add 4-6 weeks to the process. During your eligibility interview, they'll ask specific questions about: 1. Who controlled your work schedule 2. Who provided tools and equipment 3. Whether you worked exclusively for this company 4. If you had the ability to accept/reject assignments 5. How you were paid (hourly vs. project-based) If EDD determines you were misclassified, they'll calculate your benefit amount based on your earnings and you'll receive benefits retroactively from your filing date. The company may also face penalties for misclassification.

this happened to my brother last year he was a "contractor" for three years but really was treated like employee. he filed for unemployment and had to do a phone interview. took like 5 weeks but they approved him AND they made the company pay penalties lol

Just wanted to update everyone! I filed my claim last week and got a notice that they've scheduled my eligibility interview for next Friday. I've gathered emails showing how they controlled my schedule and required specific hours. Feeling more hopeful now that I understand the process better. Thanks for all the advice!