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Oliver Brown

Can 1099 employees collect unemployment benefits in Washington state?

I've been working as a 1099 contractor for the past two years doing freelance graphic design work. My main client just ended our 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'm not sure if the rules changed or if there are exceptions. Has anyone been in this situation before?

Unfortunately, 1099 contractors typically don't qualify for regular unemployment insurance in Washington. You need to have been an employee (W-2) with wages reported to Washington ESD to be eligible. However, there might be some exceptions depending on your specific work arrangement.

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That's what I was afraid of. I paid self-employment taxes but I guess that's different from UI contributions.

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Yeah the self-employment tax goes to Social Security and Medicare, not state unemployment insurance.

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You should definitely check if you were misclassified as a contractor when you should have been an employee. Washington ESD can investigate this. If they determine you were actually an employee, you might be able to get benefits retroactively.

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How would I know if I was misclassified? They gave me a lot of control over my work schedule and I used my own equipment.

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It's not just about schedule and equipment. If they controlled HOW you did the work, provided training, or you worked exclusively for them, you might have been misclassified. Washington ESD has specific criteria they use.

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I had a similar situation last year and couldn't get through to Washington ESD to ask about my contractor status. The phone lines are always busy. I ended up using Claimyr (claimyr.com) to get connected to an actual agent who could review my work history. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Did they tell you if contractor work could qualify for unemployment?

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In my case, they determined I was properly classified as a contractor so no UI benefits. But they explained the whole process and what would need to change for me to qualify in the future.

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How much does that Claimyr service cost? I've been trying to reach Washington ESD for weeks about my own claim.

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this is so frustrating!! why is it so hard to get answers about unemployment when you're already struggling financially? the whole system seems designed to keep people from getting help

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I feel you. Been there myself. The bureaucracy is overwhelming when you're already stressed about money.

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I understand the frustration, but the rules exist to prevent fraud and ensure benefits go to eligible workers. The system isn't perfect but there are reasons for the requirements.

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Have you looked into other benefits you might qualify for? Even if you can't get regular UI, there might be other assistance programs available for self-employed workers who lost income.

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What kind of other programs? I haven't heard of anything for contractors.

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Check with DSHS for food assistance, housing programs, utility assistance, etc. Also look into Small Business Administration programs if you're registered as a business.

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Wait, I thought they changed the rules during COVID so contractors could get unemployment? Did that all go away?

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You're thinking of Pandemic Unemployment Assistance (PUA). That was a temporary federal program that ended in 2021. It's no longer available.

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Oh man, that sucks. So we're back to the old rules where contractors get nothing?

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Correct. The pandemic programs were temporary federal assistance. Regular state UI rules are back in effect.

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Just want to point out that some states have started programs for gig workers and contractors, but Washington hasn't implemented anything like that yet as far as I know.

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Which states have those programs? Maybe I should consider relocating if the work situation doesn't improve.

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I think California has some provisions, but you'd need to research the specific requirements. Plus you usually need work history in that state to qualify.

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I'm in a similar boat - been doing 1099 work for years and never thought about this until now. Makes me wonder if I should try to find W-2 employment just for the safety net.

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Yeah, I'm definitely going to prioritize W-2 jobs in my search now. The flexibility of contractor work isn't worth the lack of benefits.

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That's a smart approach. Even part-time W-2 work can help you build up UI eligibility while you maintain contractor clients.

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Did anyone mention checking if your client was supposed to be withholding taxes and treating you as an employee? Sometimes companies use 1099s incorrectly to avoid paying benefits.

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Someone mentioned misclassification earlier. How do I report that to Washington ESD if I think that happened?

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You can file a worker classification request with Washington ESD. They'll investigate and determine if you were properly classified. If not, the employer might owe back taxes and you could become eligible for benefits.

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The whole 1099 vs W-2 thing is such a mess. I've seen companies get away with obvious misclassification for years because workers don't know their rights.

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Exactly why it's important to understand the criteria. It's not just about what the employer calls you - it's about the actual working relationship.

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Right, and most people don't realize they can challenge the classification after the fact.

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I tried calling Washington ESD about contractor eligibility last month and gave up after being on hold for 3 hours. The automated system doesn't have clear info about this either.

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That's exactly why I used Claimyr - saved me hours of trying to get through on my own. Worth it just for the time savings.

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I might have to try that. Getting a straight answer shouldn't be this difficult.

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For what it's worth, I was able to get through to Washington ESD eventually (took 4 tries over 2 weeks) and they confirmed that pure 1099 contractor work doesn't qualify for regular UI benefits in Washington state.

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Thanks for the confirmation. Guess I need to focus on finding W-2 work and other assistance programs for now.

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Yeah, that's what they told me too. They did mention I could apply if I had ANY W-2 wages in the base period, even if most of my income was 1099.

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Xan Dae

Check your records - did you do any part-time W-2 work in the last 18 months? Even a small amount might make you eligible if it meets the minimum wage requirements.

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I did some freelance work through a temp agency about a year ago. Would that count as W-2 wages?

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Xan Dae

If the temp agency issued you a W-2 and paid unemployment taxes on those wages, then yes! You should definitely file a claim and let Washington ESD determine your eligibility.

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Good point. The key is whether UI taxes were paid on any of your wages during the base period. Mix of 1099 and W-2 work is actually pretty common.

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This thread is really helpful. I'm bookmarking it because I'm sure this question comes up a lot for freelancers and contractors.

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Glad it's useful for others too. Wish this info was easier to find on the Washington ESD website.

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One more thing to consider - if you do find out you have some W-2 wages, make sure to gather all your documentation before filing. Washington ESD will want proof of all income, including the 1099 work, for the job search requirements.

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What kind of documentation do they need for 1099 work if I'm filing based on W-2 wages?

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Mainly for the work search requirements - they want to know your full employment history and skills. Plus if your 1099 income affects your weekly benefit calculation.

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Just want to add that if you do qualify and file a claim, be really careful about reporting any ongoing 1099 work when you do your weekly claims. That income needs to be reported even if it's irregular.

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Good point. I still have a couple small clients that might send occasional work.

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Yeah, any income from work needs to be reported in the week you earn it, not when you get paid. Washington ESD is pretty strict about that.

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Thanks everyone for all the info. This is way more helpful than anything I found on the official website. Going to dig up my old W-2s and see if I have enough wages to qualify.

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Same here! I'm going to look for that temp agency paperwork. Even if it's not much, it might be enough to qualify for something.

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Good luck! Remember you need wages in at least two quarters of your base period to qualify, and there are minimum wage requirements too.

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UPDATE: I found my old tax documents and I did have about $3000 in W-2 wages from temp work. Filed my claim today and Washington ESD accepted it! Still waiting to see what my weekly benefit amount will be.

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That's awesome! Gives me hope that my temp work might qualify too. How long did the application take?

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The online application was pretty quick, maybe 30 minutes. Now I'm in the waiting period to see if it gets approved and what the benefit amount will be.

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For anyone still reading this thread - I used Claimyr to talk to Washington ESD about mixed 1099/W-2 situations and they were really helpful in explaining how the benefit calculation works with different types of income. Definitely worth using if you're confused about your eligibility.

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I think I'm going to try that service too. This is all more complicated than I expected and I want to make sure I do everything right.

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Yeah, it's worth it for the peace of mind. They can walk you through the whole process and make sure you're not missing anything.

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Just wanted to share that I was in a similar situation a few months ago. I had been doing 1099 graphic design work but also had some part-time W-2 income from a retail job. The key thing I learned is that Washington ESD looks at your "base period" which is usually the first 4 of the last 5 completed quarters before you file. If you have ANY W-2 wages during that time that meet their minimum requirements, you might qualify even if most of your income was from contractor work. The W-2 wages have to be from employers who paid into the unemployment insurance system though. Definitely worth digging through your records to see if you had any employee wages during your base period!

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This is really helpful information! I'm going to check my records for that base period you mentioned. Quick question - do you know if there's a minimum amount of W-2 wages needed to qualify? I might have had some small amounts from odd jobs but not sure if it would be enough to meet Washington ESD's requirements.

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