Can 1099 workers get Washington ESD unemployment benefits?

Unfortunately, 1099 workers typically aren't eligible for regular unemployment insurance in Washington state. UI benefits are funded by employer contributions, and since you're classified as an independent contractor, your clients haven't been paying into the unemployment system on your behalf. You would need to have W-2 employment history to qualify for traditional unemployment benefits.

Actually, Washington state does have some provisions for certain types of self-employed workers, but it's complicated. If you've been paying into the unemployment system voluntarily through the Self-Employment Assistance Program, you might be eligible. Also, if you had any W-2 employment in the base period (the first four of the last five completed calendar quarters), that could count toward your claim.

I went through this exact situation last year. Had to call Washington ESD like 50 times to get through and actually talk to someone who understood my mixed employment situation. The automated system kept giving me conflicting information about whether I could file or not.

wait so if I'm doing uber and instacart am I 1099 or W2?? this is so confusing

The key thing to understand is that Washington ESD unemployment benefits are insurance - it's literally called Unemployment Insurance (UI). Like any insurance, you have to pay premiums to be covered. Employers pay these premiums for W-2 employees, but 1099 contractors don't have that coverage unless they specifically opt in through state programs.

I think there might be some confusion here about PUA (Pandemic Unemployment Assistance) vs regular UI. PUA was specifically created for 1099 workers during COVID but that program ended in 2021. Regular Washington ESD unemployment is still only for W-2 employees in most cases.

Have you considered looking into Washington state's Self-Employment Assistance program? It's not the same as regular unemployment but it might provide some support while you're transitioning. You should definitely call Washington ESD to discuss your specific situation with the W-2 work you mentioned.

This whole system is so backwards. Gig workers and freelancers are becoming more common but the unemployment system is still stuck in the 1950s when everyone had traditional jobs.

OP, definitely file an application anyway if you have that W-2 work from last year. The worst they can say is no, but you might qualify for partial benefits. Washington ESD will calculate based on all your qualifying wages in the base period.

Just went through this process myself. Had mostly 1099 work but some W-2 employment too. Took forever to get someone at Washington ESD who understood my situation. Finally got through using one of those callback services - I think it was called Claimyr or something? Anyway, they were able to determine I qualified for reduced benefits based on my W-2 quarters.

Don't forget about the job search requirements if you do qualify. You'll still need to be actively looking for work and report your job search activities. With mixed 1099/W-2 background, make sure you understand what types of work search activities count.

Also worth mentioning - if you do end up getting 1099 work while on unemployment, you need to report ALL income, including contractor payments. Washington ESD will reduce your weekly benefit amount based on what you earn.

My advice: gather all your 2024 W-2s and 1099s, calculate your quarterly earnings, and apply online. The Washington ESD system will tell you pretty quickly if you qualify based on your wage history. If you get stuck or need clarification, that's when you'll want to call and speak with an agent.

One more thing - if you don't qualify for regular UI, look into other resources like SNAP, rental assistance, or local emergency aid programs. There are other safety nets available even if unemployment isn't an option.

Update us on what happens! I'm in a similar situation and curious how it works out for you.