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Update us on what happens! This is such an unusual situation that it would be helpful to know how Washington ESD handles it for anyone else who might face something similar.
I'm really sorry for your loss, Carmen. This is such a difficult situation to navigate on top of grieving. Based on what you've described - they controlled your schedule, you used their software systems, and they represented 80% of your income for 18 months - you actually have a pretty strong case for employee misclassification. The IRS has a 20-factor test for this, and it sounds like several factors would point toward you being an employee rather than a true independent contractor. I'd definitely recommend filing that unemployment claim ASAP and gathering all your documentation now before any business accounts get closed. Even if it takes months to resolve, you'll be glad you started the process early. Have you considered reaching out to the family to let them know you'll need access to work records for the unemployment claim? They might be more cooperative now than later when they're dealing with estate settlement.
Stay positive! Most protests that are clearly frivolous get decided in favor of the claimant. If your employer laid you off due to budget cuts and you have documentation, that's pretty solid evidence that it wasn't misconduct on your part.
I'm going through a similar situation right now - filed about 3 weeks ago and just got the protest notice from my former employer yesterday. They're claiming I was terminated for poor performance, but I have emails showing I was meeting all my targets and the termination was really due to company downsizing. It's so stressful not knowing how long this will drag on! Reading through everyone's experiences here is really helpful though. Sounds like having good documentation is key, which I think I do. Hoping we both get favorable decisions soon!
Welcome to the protest waiting club! It sounds like you're in a really similar situation to mine. Having those emails showing you were meeting targets should definitely help your case - that's exactly the kind of documentation that can counter their poor performance claim. The waiting really is the worst part, especially when bills are piling up. At least we're both keeping up with filing our weekly claims so we'll get backpay if we win. Fingers crossed for both of us!
Thanks everyone for all the helpful responses! I feel much more confident about filing my second claim now. It's reassuring to know this is a normal part of the unemployment system and not something unusual.
Just wanted to add that timing can be really important when filing your second claim. I made the mistake of waiting too long after my layoff to file, thinking I might find work quickly. Ended up losing out on a few weeks of benefits because you can't backdate claims very far. File as soon as you know you're going to be unemployed for more than a week or two - you can always stop claiming if you find work right away, but you can't recover those missed weeks if you wait too long to start the process.
Bottom line for the OP: buy your car, keep doing your job searches, file your weekly claims on time, and don't stress about it. Transportation is a necessity, not a luxury, especially when you're job hunting.
I went through the exact same worry when I needed to replace my car while on UI benefits last fall. Washington ESD definitely doesn't care about car purchases - they only track work activity and income. I bought a used car for around $9,000 and it never came up in any of my weekly claims or communications with ESD. Having reliable transportation actually made my job search much more effective since I could apply to positions further away and wasn't stressed about getting to interviews. Just make sure you budget for ongoing costs like insurance, gas, and potential repairs, but from an unemployment eligibility standpoint, you're completely fine to buy the car.
Connor O'Reilly
final update: got through to washington esd using that claimyr thing and confirmed I can file a new claim too. thanks to whoever mentioned it first
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CyberSiren
•Glad it worked for you too! Amazing how much easier it is when you can actually talk to someone.
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Jean Claude
I'm in a very similar situation - my benefits expired in October 2024 and I've been doing gig work since then but just had my hours cut drastically. Reading through all these responses has been incredibly helpful! It's reassuring to know that as long as you've worked and earned qualifying wages since your last claim, you can file a new application without any waiting period. I had no idea about services like Claimyr either - might have to give that a try if I run into issues reaching Washington ESD directly. Thanks everyone for sharing your experiences!
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