Can 1099 contractors apply for Washington ESD unemployment benefits?

Unfortunately, traditional 1099 independent contractors typically aren't eligible for regular unemployment insurance in Washington state. You need to have been an employee (W-2 worker) who had payroll taxes withheld to qualify for standard UI benefits. However, there might be some exceptions depending on your specific work arrangement.

Actually, this can get complicated because sometimes workers are misclassified as 1099 when they should legally be employees. If you worked for one main client, had set hours, used their equipment, or they controlled how you did your work, you might have been misclassified. Washington ESD can investigate misclassification cases.

I went through something similar last year. Getting Washington ESD to investigate misclassification took months and I couldn't get through to anyone on the phone to check status. Finally used Claimyr.com to actually reach an agent who explained the process. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

Wait I'm confused - I thought all contractors could get unemployment now? My cousin in California got benefits as a freelancer.

THIS IS SO FRUSTRATING!!! Contractors pay self-employment taxes but get ZERO protection when work dries up. The system is completely broken for freelancers and gig workers.

Have you looked into whether you might qualify as an employee under Washington's ABC test? For 1099 workers to be properly classified as independent contractors, the work must be: A) free from control, B) outside the usual course of business, and C) performed by someone in an independent trade. If any of these fail, you should have been an employee.

Even if you can't get regular unemployment, check if you qualify for any other assistance programs. WorkSource Washington might have job training funds for displaced workers, including freelancers.

I was in your exact situation 6 months ago. Filed for unemployment as a misclassified worker and it took forever to get a determination. Couldn't reach Washington ESD by phone for weeks until I tried that Claimyr service someone mentioned earlier. Finally got connected to an agent who walked me through the whole process.

Be prepared for a long fight if you go the misclassification route. Companies don't like paying back payroll taxes and will fight it.

Quick question - did you ever receive any W-2s or just 1099s? Sometimes companies mess up the paperwork.

Document everything about your work relationship before you lose access to any records. Screenshots of emails, work schedules, any training materials they provided. You'll need evidence for the misclassification claim.

Another contractor here - have you considered applying for emergency assistance while you sort out the unemployment situation? Some counties have emergency rental/utility assistance for displaced workers regardless of employment type.

If your client controlled your work schedule, provided equipment, and your work was integral to their business, you have a strong misclassification case. The fact that they were your main income source for 2 years also supports employee status.

Just want to add - even if you don't qualify for unemployment, keep track of your job search activities. If the misclassification gets approved later, Washington ESD might require proof you were actively seeking work during the benefit period.

The process can be frustrating but don't give up. Washington state has been cracking down on worker misclassification lately, so you might have better luck now than in previous years.

One more resource - the Washington State Department of Labor & Industries also handles misclassification cases from a different angle. Sometimes it helps to file with both agencies.

Last tip - if you do need to call Washington ESD about your case, try that Claimyr thing people mentioned. The regular phone system is impossible to get through on, but having something call for you automatically makes a huge difference.