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Yara Nassar

Can 1099 contractors collect unemployment in Washington State?

I've been working as a 1099 independent contractor for the past 2 years doing freelance graphic design work. My main client just cut my contract and I'm wondering if I can file for unemployment benefits with Washington ESD? I know contractors usually can't get UI but I've heard some things changed recently. Has anyone been in this situation?

Unfortunately, 1099 contractors typically can't collect regular unemployment insurance in Washington State. You need to have been an employee (W-2) with wages reported to Washington ESD to qualify for standard UI benefits. The system is designed for traditional employer-employee relationships where unemployment taxes were paid.

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That's what I figured but wasn't sure if anything changed. So there's really no safety net for contractors at all?

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Not through the regular UI system, no. You might want to look into other assistance programs though.

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I had the same question last year when my consulting gig ended. Washington ESD was pretty clear that 1099 workers don't qualify because no unemployment insurance taxes were paid on your behalf. It's frustrating but that's how the system works.

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Did you find any other options or just had to figure it out on your own?

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Pretty much had to hustle for new clients. Applied for some emergency assistance programs but nothing came through quickly.

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Actually, you might want to double-check if you were properly classified as a 1099. Sometimes companies misclassify employees as contractors to avoid paying benefits and taxes. If you worked set hours, used their equipment, or they controlled how you did your work, you might have been an employee and could qualify.

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Interesting point. I did work pretty set hours and used their software licenses. How would I go about checking this?

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You'd need to contact Washington ESD directly to discuss your specific situation. They can review the working relationship and determine if you were misclassified.

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This is actually really common. A lot of contractors are technically employees but companies try to avoid the taxes and benefits.

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I was in a similar spot and couldn't get through to Washington ESD for weeks to even ask about my situation. Finally used Claimyr (claimyr.com) to actually talk to someone at the unemployment office. They have this system that calls you back when an agent is available so you don't have to sit on hold forever. Worth checking out their demo video at https://youtu.be/7DieNd3C7zQ if you need to speak with someone about your specific case.

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Never heard of that service. Did they actually help you get answers about contractor eligibility?

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Yeah, I was able to speak with an Washington ESD agent who explained my options. Turns out I had some W-2 work from earlier that I forgot about that made me eligible for a small claim.

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Claimyr sounds too good to be true but if it actually works that would be amazing. The phone system is impossible.

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wait so if i did some w2 work last year but mostly 1099 this year i might still qualify for something??

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Possibly! Washington ESD looks at your earnings over the base period (usually the first 4 of the last 5 completed calendar quarters). If you had enough W-2 wages reported during that time, you might qualify for benefits.

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omg i need to check this out. i had a part time job for like 6 months last year

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The whole contractor thing is so confusing. I know some people who work gig economy jobs and they can't get unemployment either. It's like if you're not a traditional employee you're just screwed.

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Yeah it's a real gap in the system. Tons of people work as contractors now but the unemployment system hasn't caught up.

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Some states have started programs for gig workers but I don't think Washington has anything like that yet.

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I'm a freelancer too and this is always my biggest worry. No unemployment, no health insurance through work, no paid sick days. It's scary having no safety net.

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Exactly! The freedom of being your own boss is great until something like this happens.

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Right? I try to save up an emergency fund but it's hard when income is inconsistent.

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You mentioned graphic design - have you looked into applying for other design contracts while you figure out the unemployment thing? The market is pretty competitive but there might be some quick projects to tide you over.

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Yeah I'm actively looking but it takes time to land new clients. Was hoping unemployment could help bridge the gap.

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Totally understand. The feast or famine cycle of freelancing is brutal.

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I tried to apply for Washington ESD benefits as a contractor once and they rejected me pretty quickly. Sent a letter saying I didn't have qualifying wages. Waste of time honestly.

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That's what I'm afraid of. Did you appeal or just accept it?

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Just accepted it. Didn't seem worth fighting since I knew I was properly classified as a contractor.

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Actually there might be some emergency assistance programs through the state that help contractors and self-employed people. Not unemployment but other aid. Might be worth looking into.

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Do you know what they're called or where to look? I'll take any help I can get right now.

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I'd start with the Washington State Department of Social and Health Services website. They have various assistance programs listed.

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The classification issue is huge. I've seen companies get in trouble for misclassifying workers. If you think you were treated like an employee, definitely worth pursuing with Washington ESD.

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How do they determine if someone was misclassified? Is there a specific test they use?

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They look at factors like who controlled how the work was done, whether you used their tools/equipment, if you had set hours, exclusivity of the relationship, etc.

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I used that Claimyr service someone mentioned earlier and it was actually legit. Got through to Washington ESD in like 20 minutes instead of calling for hours. Might be worth it just to get a definitive answer about your situation.

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That's the second recommendation for Claimyr. Might be worth trying if I can't get through the normal way.

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Same here, used Claimyr when I had questions about my claim status. Much better than the endless busy signals.

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Even if you can't get regular unemployment, you should still apply. Sometimes there are special circumstances or you might have wages you forgot about. Worst case they say no but at least you'll know for sure.

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Good point. I guess it doesn't hurt to try. Do I apply online through the Washington ESD website?

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Yes, you can apply online at esd.wa.gov. Just be prepared to provide documentation about your work history.

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This whole thread is making me realize I need to plan better for the next time a contract ends. Maybe set aside more money or look into other insurance options.

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Same here. This situation really opened my eyes to how vulnerable contractors are.

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It's definitely a wake-up call. The gig economy is great until you need benefits.

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Just wanted to add that even if you don't qualify for unemployment, you might still be able to use WorkSourceWA for job search assistance and career counseling. They help everyone, not just UI recipients.

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That's helpful to know. I'll check out what services they offer for contractors looking for work.

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They have some good resources for freelancers and entrepreneurs too, not just traditional job seekers.

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Thanks everyone for all the helpful info! I'm going to try a few things: first I'll apply online at esd.wa.gov just to see what happens, and I'll also look into whether I might have been misclassified since I did work pretty set hours and used their equipment. If I can't get through on the phone I might try that Claimyr service people mentioned. Also going to check out WorkSourceWA and the DSHS website for other assistance programs. Really appreciate this community - it's scary being a contractor with no safety net but at least now I know what options to explore!

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