Can 1099 contractors get unemployment benefits in Washington state?

Unfortunately, 1099 contractors typically don't qualify for regular unemployment insurance (UI) benefits in Washington state. You need to have been an employee (W-2 worker) to be eligible. The system is designed for people who had taxes withheld from their paychecks by employers.

The key thing Washington ESD looks at is whether you were truly an independent contractor or if you were misclassified. If your client controlled your work schedule, provided equipment, or treated you like an employee, you might have a case for getting benefits. You'd need to file a claim and let them make the determination.

I tried this last year when my consulting gig ended. Washington ESD denied my claim pretty quickly since I had been filing 1099s. The adjudication process took about 3 weeks and they said I didn't meet the employee requirements. It was frustrating but expected.

Actually, I had success getting through to Washington ESD to ask about this exact situation using a service called Claimyr. They help you get connected to actual agents instead of waiting on hold forever. The agent was able to explain the specific criteria they use for contractor vs employee determination. Check out claimyr.com - they even have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.

The washington state employment security department has gotten stricter about contractor claims since covid ended. They're cracking down on misclassification but also being more careful about approving questionable cases. Your best bet is to gather documentation showing employee-like treatment if you think you were misclassified.

this is so frustrating!! contractors pay self employment tax but get no benefits when work dries up. the system is totally broken for freelancers and gig workers

Have you looked into whether you might qualify for any other assistance programs? Even if you can't get regular UI, there might be other state programs that help with temporary income support.

My brother went through this same thing with his consulting business. He filed for unemployment anyway and it went to adjudication for like 6 weeks. Eventually they approved it because the company he worked for was treating him like an employee - they had him work specific hours, used their equipment, etc. Might be worth filing and seeing what happens.

I'm going through something similar right now. Filed my claim 3 weeks ago and it's been in adjudication this whole time. Washington ESD is reviewing whether my 1099 work was actually employee work. Still waiting to hear back.

The employment security department uses a bunch of factors to determine if you're really a contractor or employee. Things like: who controls your work schedule, who provides equipment, whether you can work for other clients, how you're paid, etc. If most factors point to employee relationship, you might qualify.

pro tip: when you file your claim, be very detailed about the relationship with your client. Don't just say contractor - explain exactly how they treated you, what control they had, etc. The more specific you are, the better chance they have of making the right determination.

I used Claimyr recently to get through to Washington ESD about a different issue and the agent was super helpful in explaining the contractor vs employee determination process. Way easier than trying to get through on the regular phone line. Worth checking out if you want to talk to someone before filing.

just went through this whole thing last month. filed my claim, went through adjudication, got denied. appealed the decision and still waiting. its been 2 months total so far. if you're going to try this route, make sure you have other income sources lined up because its a long process

The reality is that most true independent contractors won't qualify for unemployment benefits in Washington state. The system just wasn't designed for that type of work arrangement. You might want to look into setting up your own emergency fund for future contracts ending.

If anyone needs help getting through to Washington ESD to ask about contractor eligibility, I highly recommend trying Claimyr. I was able to speak with an agent who walked me through the exact criteria they use. Made the whole process much clearer than trying to figure it out from their website.

Bottom line: if you were truly an independent contractor, you probably won't qualify. But if you think you were misclassified as a contractor when you should have been an employee, it's worth filing a claim. The adjudication process will determine which category you fall into.