Are 1099 employees eligible for Washington ESD unemployment benefits?

That's what I was afraid of. So there's absolutely no way to get any benefits as a contractor?

Wait, didn't they change some rules about this recently? I thought I heard something about gig workers being covered now.

Interesting - they did control my schedule pretty heavily and I had to use their project management system. How would I prove misclassification to Washington ESD?

You'd need to document things like work schedules they set, training they provided, tools/software they required you to use, and how much control they had over your methods. Washington ESD has a specific process for reviewing worker classification.

Have you tried using Claimyr? It's a service that helps you get through to Washington ESD agents without the endless waiting. I found them at claimyr.com and they have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

Never heard of that but might be worth trying. The regular phone system is absolutely brutal.

Gig work like DoorDash is different from regular contracting - those companies are still working out classification issues. Your situation might be more complex.

yeah its all super complicated and nobody explains it clearly

I feel you on this. The whole system needs to be updated for how people actually work now.

At least they're trying to adapt. Some states are way worse about this stuff.

That makes sense. I do have a lot of emails where they were very specific about when and how I should work. Should I file a regular UI claim first or go through some other process?

I'd recommend calling Washington ESD first to discuss your specific situation before filing. They can guide you on the right process and what documentation you'll need.

Good point - I definitely don't want to end up owing money I don't have.

Yeah overpayment notices are no joke. They come with interest and penalties too.

How does that work exactly? Do they just call for you or is there more to it?

They basically handle the calling and waiting part, then connect you when they get an agent on the line. Super simple and way less stressful than doing it yourself.

Ugh, so even though I paid a ton in self-employment taxes, that doesn't help my case at all?

Unfortunately no. Self-employment taxes go toward Social Security and Medicare, not unemployment insurance. UI eligibility is based on whether your employer was paying unemployment taxes on your behalf.

Easier said than done when you need work and that's what's being offered. Not everyone has the luxury of turning down income.

Fair point. Just saying it's worth pushing back on obvious misclassification when possible.

How would I find that out? They definitely treated me more like an employee than a true independent contractor.

You could contact the Department of Labor & Industries about worker classification, or have Washington ESD review your situation. They can determine if you should have been classified as an employee.

Definitely worth trying - I've recommended it to several people now and everyone's had success getting through to actual agents instead of being stuck in phone hell.

At this point I'm willing to try anything. The regular phone system is absolutely useless.

Good reminder. I've been looking for new clients but haven't been documenting it formally. What kind of records do they want?

You need to log all your job search activities - applications submitted, networking contacts, interviews, etc. They have specific requirements for how many activities per week.

Preach! It's become way too common for employers to push all the risk onto workers while keeping all the control.

Some contractor arrangements are legitimate though. Not every 1099 situation is misclassification.

Thanks everyone for all the advice. Sounds like my next step is getting through to Washington ESD to discuss my situation, whether through regular channels or using one of those callback services.

Good luck! Hope you get it sorted out. The uncertainty is the worst part of these situations.