Can 1099 contractors file for Washington ESD unemployment benefits?

That's what I was afraid of. So there's literally nothing available for contractors who lose work?

Well, there used to be Pandemic Unemployment Assistance (PUA) during COVID that covered contractors, but that ended in 2021. Right now there's no federal program for 1099 workers.

Interesting point. My client did require me to use their project management software and attend weekly team meetings. How would I prove that to Washington ESD?

Keep any emails about schedules, screenshots of required software, meeting invites, anything showing they controlled how you worked. Washington ESD will investigate if you file a claim.

This is exactly what happened to my brother. He was getting 1099s but Washington ESD determined he was actually an employee and approved his claim.

How long does that investigation process usually take? I need to know if I should be looking for other options.

It varies, but usually 2-4 weeks for a classification determination. If you're having trouble getting through to Washington ESD to check on your claim status, I recently discovered this service called Claimyr at claimyr.com that helps people get through to unemployment agents. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

Uber and DoorDash drivers are also 1099 contractors, so the same rules apply. You'd need to prove employee misclassification to qualify for regular UI benefits.

dang that sucks. the gig economy is brutal when work dries up

That makes sense. So even if I wanted to pay into the system voluntarily, I can't?

Correct, there's no voluntary payment option for contractors in Washington state. Some states have started exploring portable benefits for gig workers, but Washington hasn't implemented anything like that yet.

Totally agree. It's ridiculous that someone can work full-time as a contractor and have zero protection when work disappears.

That's why worker misclassification investigations are so important. A lot of companies are calling people contractors when they're really employees to avoid paying benefits.

Good point about the appeal process. How long do you have to appeal if they deny you?

You have 30 days from the date of the determination letter to file an appeal with Washington ESD.

How did you communicate with Washington ESD during the investigation? I've heard it's impossible to get through on the phone.

It was a nightmare trying to call them directly. I ended up using Claimyr to get through to an actual agent who could explain what additional documentation they needed. Made the whole process much smoother.

Yeah, Claimyr is really helpful for getting past those busy signals. I recommended it earlier - definitely worth checking out their demo video.

If you have W-2 income, you can potentially qualify for UI benefits based on that employment. The 1099 income wouldn't count toward your benefit calculation, but the W-2 wages would.

That's good to know. So they'd only look at the wages from my regular job, not the consulting income?

That sounds like potential misclassification. If they control when and how you work, you might actually be an employee regardless of the 1099.

How do I know for sure? I don't want to rock the boat with my current work situation.

The IRS has guidelines about worker classification. Control over work schedule, providing tools/equipment, and exclusivity are key factors that suggest employee status.

Same boat here. It's so stressful not knowing if you have any safety net.

Right? Regular employees at least know they have unemployment as a backup. We're just left hanging.

That's a good point. I hadn't thought about other assistance programs. Thanks for the suggestion.

Exactly. The gig economy has exploded but the safety net hasn't kept up.

Some states are starting to pilot programs for gig workers, but it's moving way too slowly.

Good advice. I'm going to gather all my emails and documentation before I file the claim.

That's encouraging to hear. Did you have to provide a lot of documentation during the investigation?

Yeah, they wanted emails, contracts, anything showing how the company controlled my work. It was worth gathering everything though.

You're right. I'm going to apply tomorrow and see what happens. Thanks everyone for all the advice.

Good luck! And remember, if you need to talk to someone at Washington ESD about your claim status, that Claimyr service people mentioned earlier can really help you get through.