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Ethan Taylor

Can 1099 workers claim unemployment benefits through Washington ESD?

I've been working as a 1099 contractor for the past year 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 I wasn't technically an employee but I paid my own taxes and everything. Has anyone been in this situation before? I'm really confused about whether independent contractors can get UI benefits in Washington state.

Unfortunately, 1099 contractors typically can't claim regular unemployment insurance in Washington. UI benefits are for employees who had taxes withheld by employers. Since you were an independent contractor, you likely don't have the wage history that Washington ESD requires for regular UI claims.

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

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Actually there might be some options depending on your situation. Keep reading the thread.

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Hold on - this isn't entirely accurate. While traditional 1099 contractors can't get regular UI, Washington state does have some provisions. If you can prove you were misclassified as a contractor when you should have been an employee, you might be able to claim benefits. There's also the possibility of filing under different programs if you meet certain criteria.

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How would I prove misclassification? My client pretty much controlled when and how I worked.

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That's actually a good sign for misclassification. If they controlled your hours, provided equipment, or treated you like an employee, you might have a case.

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I went through this exact situation last year. I was doing 1099 work but Washington ESD initially denied my claim. I tried calling them for weeks to explain my situation but could never get through. The phone system is absolutely terrible - you'll spend hours on hold just to get disconnected.

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So did you eventually get benefits? What happened?

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Yes, but it took forever. I finally used this service called Claimyr (claimyr.com) that helped me get through to an actual Washington ESD agent. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Once I talked to a real person, they were able to review my case properly.

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Wait, there's definitely more to this story. Washington state has been cracking down on worker misclassification big time. If you were doing work that was integral to their business and they had control over how you did it, you might have been an employee all along. The ABC test is pretty strict here.

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What's the ABC test? I've never heard of that.

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It's how Washington determines if someone is truly an independent contractor. Part A is about control, Part B is about whether the work is outside their usual business, and Part C is about whether you have your own independent business. If you fail any part, you might be misclassified.

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This is good info but OP should know that proving misclassification can be a long process through Washington ESD.

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ugh another person trying to game the system. 1099 means you're self employed, deal with it. you chose to be a contractor for the tax benefits now you want unemployment too??

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I'm not trying to game anything. I genuinely don't know the rules and I'm asking for help.

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This is exactly why worker misclassification is such a problem. Many people don't realize they should have been employees.

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I actually work in HR and see this all the time. Companies love to classify workers as 1099 to avoid paying unemployment taxes and benefits. If your client was treating you like an employee - setting your schedule, providing training, requiring you to work exclusively for them - then you were likely misclassified.

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They did require me to work certain hours and use their design templates. Does that count?

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Those are definitely red flags for misclassification. You should document everything about how they controlled your work.

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Mei Lin

same thing happened to my brother last year, he was doing 1099 work but washington esd said he was really an employee the whole time. took months to sort out but he got back pay and everything

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How did he prove it? Did he have to get a lawyer?

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Mei Lin

nah no lawyer, just had to show all his emails and contracts to prove the company was controlling his work like he was an employee

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Let me clarify the process for filing a misclassification claim with Washington ESD. You'll need to submit form F224-032-000 along with documentation showing the employment relationship. This includes contracts, emails, work schedules, and anything showing the level of control your client had over your work.

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Where do I get that form? Is it on the Washington ESD website?

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Yes, it's on the official Washington ESD website under forms. You can also request it when you call them, though getting through can be challenging.

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I tried to call Washington ESD about my 1099 situation for literally 3 weeks straight. The phone system is broken. Every time I finally got through the menu system, it would just hang up on me. So frustrating when you need real answers.

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That's exactly why I ended up using Claimyr. I was so tired of getting hung up on. At least with their service, you're guaranteed to talk to someone at Washington ESD.

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Is it worth it though? How much does it cost?

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I thought it was worth it to finally get answers about my claim. Check out their demo video to see how it works.

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Important point about timing: if you're going to file a misclassification claim, do it sooner rather than later. Washington ESD has deadlines for these types of claims, and you'll need to establish your wage history going back to when the misclassification started.

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How far back can I go? I've been with this client for over a year.

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Generally you can request wage adjustments going back several quarters, but the exact timeframe depends on your specific situation. This is definitely something to discuss with a Washington ESD representative.

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Just want to add that even if you were properly classified as 1099, you might still have options. Washington has been expanding benefits in recent years. There might be other programs you qualify for depending on your income level and circumstances.

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What kind of other programs? I haven't heard about anything else.

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There are sometimes temporary programs for self-employed workers, especially during economic downturns. Best to check with Washington ESD directly about current offerings.

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One more thing to consider - if you do get reclassified as an employee, your former client will owe back taxes and penalties to Washington ESD. This can make them pretty unhappy, so be prepared for potential pushback or legal challenges from their end.

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I hadn't thought about that. Could they come after me legally?

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They might try to dispute the reclassification, but if you were truly misclassified, that's on them, not you. You have the right to claim benefits you're entitled to.

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went through this whole process 2 years ago. washington esd actually sided with me and said i was misclassified. got about 6 months of back unemployment benefits. the company wasn't happy but there wasn't much they could do about it

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That's encouraging! How long did the whole process take?

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took about 3-4 months from when i first filed to when i got my decision. most of that was waiting for washington esd to investigate

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Before you go down the misclassification route, make sure you understand the difference between being able to file and actually getting benefits. Even if you're reclassified, you still need to meet all the other UI eligibility requirements like being able and available for work.

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I'm definitely able and available. I'm actively looking for new clients right now.

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That's good, but Washington ESD might require you to look for traditional employment, not just freelance work.

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Quick question - did you file a schedule C for your 1099 income? If you claimed business deductions, that might complicate things with Washington ESD since it shows you were operating as a true independent business.

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I did file a schedule C but I didn't really have many business expenses. Mostly just my computer and software.

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That actually works in your favor. If you weren't running a substantial independent business, it supports the misclassification argument.

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Has anyone tried the online chat with Washington ESD? I've been avoiding the phone because of all the horror stories but wondering if chat is any better for these types of questions.

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The online chat is pretty limited. They can answer basic questions but for complex issues like misclassification, you really need to talk to someone by phone.

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Yeah, that's why services like Claimyr exist. The chat agents can't make decisions about your claim, only the phone representatives can actually help with substantive issues.

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I'm in a similar situation but with Uber driving. Been 1099 for 3 years but thinking I might have been misclassified too. The control they have over drivers is pretty intense.

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Rideshare drivers are actually a special case. There's been a lot of legal back and forth about their classification status.

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That's interesting. Maybe there's hope for all of us 1099 workers who feel like we're really employees.

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Don't forget about the personal work search requirements if you do get approved for UI. Washington ESD requires 3 job search activities per week, and they're pretty strict about documentation.

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Would looking for new freelance clients count as job search activities?

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Probably not. They usually want you looking for traditional W-2 employment. But this is another good question for a Washington ESD representative.

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Just wanted to say good luck with this. The system is really confusing and it's hard to get straight answers. Don't let anyone make you feel bad for asking questions - worker classification is legitimately complicated.

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Thanks, I really appreciate that. This thread has been super helpful.

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Absolutely. Too many workers get taken advantage of because they don't know their rights.

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Final thought - document everything from now on. If you do decide to pursue this, Washington ESD will want detailed records of your work relationship. Save emails, contracts, work schedules, anything that shows how much control your client had over your work.

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Good advice. I still have most of our email correspondence saved.

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Perfect. That email trail will be your best evidence if you need to prove misclassification.

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