Can 1099 contractors get Washington ESD unemployment benefits?

That's what I figured. So there's really no safety net for contractors at all?

Well, there might be some options depending on your specific situation. Keep reading the thread - there are some scenarios where 1099 workers might qualify for certain programs.

That's what I was afraid of. So basically since I was classified as an independent contractor, I'm screwed?

Not necessarily screwed, but regular UI probably isn't an option. You might want to look into other assistance programs.

This is so confusing! How do you even know if you were misclassified? I worked set hours and used their equipment but got 1099s.

If you worked set hours, used their equipment, and they controlled how you did your work, that sounds like potential misclassification. Washington ESD can investigate these cases.

Interesting! I did work pretty much full-time hours for them and used their software systems. How would I go about filing if I'm not sure about my classification?

Just file a regular claim through Washington ESD's website. They'll investigate your work relationship and make a determination. Include all documentation about your work arrangement.

This is really good to know. I had no idea they would investigate misclassification issues.

Six weeks?? That's a long time to wait when you need money now. Did you have to provide a lot of documentation?

Yeah, they wanted contracts, email communications, work schedules, pretty much everything. But it was worth it in the end. If you're having trouble getting through to Washington ESD to check on your claim status, I actually found this service called Claimyr that helps you get connected to agents faster. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.

Uber and Lyft drivers are typically true independent contractors, so probably not eligible for regular UI. But you could still file and let Washington ESD make the determination.

damn ok thanks

Did you end up qualifying for benefits? I'm in the same boat as the OP.

Turned out my situation was complicated - some of my work qualified and some didn't. The agent walked me through everything and helped me understand my options. Definitely worth getting clarification directly from Washington ESD.

Totally agree. It's become way too common for companies to misclassify employees as contractors to save money.

Yeah, looking back I definitely think I was misclassified. I had set hours, used their systems, couldn't work for competitors. Sounds like I should file a claim.

Yes, the Pandemic Unemployment Assistance (PUA) program ended in September 2021. That was a temporary federal program that covered 1099 workers, but it's no longer available.

oh man that sucks. so were back to square one for contractors

Exactly! We're on our own for everything but still have to pay all these taxes.

I mean, that's kind of the trade-off for being self-employed though. You get more control and potentially higher rates, but less safety net.

I did have a part-time W-2 job for about 6 months last year before going full-time with the contract work. Would that count?

Absolutely! That W-2 income would count toward your base period wages. You should definitely file a claim. Even if the benefit amount is lower, something is better than nothing.

Oh wow, I had no idea! This gives me hope. Going to file tomorrow.

Good point. I'll just describe exactly how the work arrangement functioned and let them decide.

Is that legit? I've never heard of that service before.

Yeah it's totally legitimate. They just help you get through the phone system faster. You can check out their demo video to see how it works. Definitely saved me a lot of frustration.

How long does the classification determination take? I need to know ASAP if I qualify.

It can take several weeks to months depending on complexity. That's why it's important to apply for benefits right away - if you qualify, payments can be retroactive to your application date.

Yes! If you have sufficient W-2 wages in your base period, you can qualify for benefits based on that employment, even if your most recent work was 1099.

Oh wow, that's good to know. So I should definitely apply then?

Absolutely. Washington ESD will calculate your benefit amount based on your W-2 wages. The 1099 work won't count toward benefits but won't disqualify you either.

Washington doesn't currently have a voluntary unemployment insurance program for self-employed individuals, unlike some other states. You're thinking of programs that exist in places like New Jersey or California.

That would be so helpful if Washington had that. Maybe something to lobby for in the future.

Good for you! Too many companies abuse the 1099 classification to avoid paying benefits and taxes.

Yeah, it saves them money but screws over workers. Everyone should know their rights on this stuff.

Thanks for the reminder! I'm definitely filing this week. Better to try and get denied than not try at all.

Exactly. The worst they can say is no, but at least you'll know for sure.

You can look for any type of work while collecting benefits, including 1099 opportunities. Just make sure you're reporting any income from freelance work on your weekly claims.

That makes sense. Thanks for clarifying!

That's encouraging! How much documentation did you have to provide during their investigation?

Quite a bit - contracts, emails showing they directed my work, evidence of set schedules, proof I couldn't work for others. But Washington ESD was pretty thorough and fair in their review.

This is really helpful info. I'm in a similar situation and wasn't sure if it was worth filing.

That's exactly why I ended up using Claimyr to get through to an agent. The website info is pretty generic and doesn't cover all the edge cases. Talking to an actual person at Washington ESD cleared up all my confusion.

I tried calling for weeks and could never get through. Maybe I should check out that service you mentioned.

Good point. I assume looking for more contract opportunities would count as job searching?

Yes, as long as you're genuinely available for work and documenting your search efforts. Just make sure you understand the requirements before you start collecting benefits.

This is super helpful! They definitely controlled how I did my work and I didn't have other clients. Looking more and more like misclassification.

The relationship factor is huge too. If you worked exclusively for them for years, that looks a lot more like employment than true contracting.

How small was the benefit if you don't mind me asking? Trying to figure out if it's worth the hassle.

I get $158 per week, which isn't huge but definitely helps with basic expenses while I build up my client base again.

This is really important. I almost didn't apply because my last 6 months were 1099, but I had W-2 wages earlier in the year that qualified me.

What's the base period exactly? Is it the last 12 months?

The base period is typically the first 4 of the last 5 completed calendar quarters before you file your claim. So it depends on when you apply, but it usually covers 12-15 months of work history.

That sounds really helpful. I'm definitely going to look into that if I have trouble reaching them directly.

Yeah the phone system is brutal. Sometimes you wait an hour just to get disconnected.

Interesting! I never thought about that aspect. They definitely saved money by not treating me as an employee.

That's exactly why companies do it. But Washington state is pretty aggressive about going after employers who misclassify workers.

You're absolutely right. I'm going to file first thing Monday morning. Thanks everyone for all the helpful advice!

Good luck! Hope it works out for you.

Exactly! I wasted months assuming I couldn't qualify when I actually could have been getting benefits the whole time.

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