Can I file for Washington ESD unemployment as an independent contractor?
I've been working as a freelance graphic designer for the past 2 years, mostly 1099 work with a few different clients. One of my main contracts just ended unexpectedly 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 there are exceptions or if anything changed recently. Has anyone been in this situation?
46 comments


Connor O'Neill
Generally speaking, independent contractors can't collect regular unemployment insurance in Washington since you haven't been paying into the UI system through payroll taxes. However, there might be some exceptions depending on how your work relationship was structured.
0 coins
Zainab Ismail
•That's what I thought but wasn't sure. What kind of exceptions are there?
0 coins
Connor O'Neill
•If you were misclassified as a contractor when you should have been an employee, that could change things. Also depends if you had any W-2 work in the past 18 months.
0 coins
QuantumQuester
I was in a similar situation last year. Even though I was doing contractor work, I had some part-time W-2 employment that qualified me for benefits. Check if you have any regular employment in your base period.
0 coins
Zainab Ismail
•I did have a part-time retail job for about 6 months last year, would that count?
0 coins
QuantumQuester
•Yes! That W-2 income could make you eligible. Definitely worth applying to see what Washington ESD says.
0 coins
Yara Nassar
You should still try to get through to Washington ESD to discuss your specific situation. The eligibility rules can be complex and they'll need to review your work history. I've heard people mention using Claimyr (claimyr.com) to actually reach an agent - they have some kind of callback system that helps you avoid the busy signals. There's a video demo at https://youtu.be/7DieNd3C7zQ showing how it works.
0 coins
Zainab Ismail
•Thanks, I'll check that out. I've been trying to call for days with no luck.
0 coins
Keisha Williams
•Claimyr actually worked for me when I needed to talk to someone about my claim status. Way better than sitting on hold for hours.
0 coins
Paolo Ricci
The key thing is whether you were truly an independent contractor or if you were misclassified. If your clients controlled how, when, and where you worked, provided equipment, or treated you like an employee in other ways, you might have been misclassified and could be eligible for benefits.
0 coins
Zainab Ismail
•One client did require me to work specific hours and use their software licenses. Does that matter?
0 coins
Paolo Ricci
•That could be a sign of misclassification. Washington ESD would need to determine if you were actually an employee under state law.
0 coins
Amina Toure
•I went through this exact thing. Had to file an appeal but eventually got my benefits because they determined I was misclassified.
0 coins
Oliver Zimmermann
wait i thought all contractors could get unemployment now? didn't something change during covid?
0 coins
Connor O'Neill
•That was the Pandemic Unemployment Assistance (PUA) program, but that ended in 2021. Regular UI rules are back in effect now.
0 coins
Oliver Zimmermann
•oh ok that makes sense. so confusing keeping track of all these changes
0 coins
CosmicCommander
I'm a contractor too and looked into this recently. The main thing is you need to have W-2 wages in your base period to qualify. If all your income was 1099, you're probably out of luck unless there's a misclassification issue.
0 coins
Zainab Ismail
•Good to know. I think my retail job wages might qualify me then.
0 coins
Natasha Volkova
File anyway! The worst they can say is no. Sometimes people are surprised by what qualifies them. Plus if you don't apply you'll never know for sure.
0 coins
Zainab Ismail
•True, might as well try. The application process seems pretty straightforward.
0 coins
Javier Torres
•Exactly! And if you do qualify, you'll get benefits backdated to when you first became unemployed.
0 coins
Emma Davis
This whole contractor vs employee thing is so confusing. I never know which category I fall into with my work situation.
0 coins
Paolo Ricci
•The Washington Department of Labor has guidelines on their website about worker classification. It's worth reading through if you're unsure.
0 coins
Emma Davis
•Thanks, I'll look that up.
0 coins
Malik Johnson
If you do end up qualifying and filing, make sure you understand the job search requirements. You'll need to be actively looking for work and document your search activities.
0 coins
Zainab Ismail
•Good point. Do I need to look for employee jobs or can I look for more contract work?
0 coins
Malik Johnson
•I believe you need to be available for suitable work, which could include contract work in your field depending on your situation.
0 coins
Isabella Ferreira
ugh the whole system is such a pain. took me forever to figure out if i qualified when my hours got cut
0 coins
Ravi Sharma
•Tell me about it. I spent weeks trying to get through to someone who could actually answer my questions.
0 coins
Yara Nassar
•That's exactly why services like Claimyr exist - to help people actually connect with Washington ESD agents without all the hassle.
0 coins
NebulaNomad
Don't forget that even if you qualify for benefits, you'll need to file weekly claims and meet all the ongoing requirements. It's not just a one-time application.
0 coins
Zainab Ismail
•Right, I remember hearing about the weekly claims. How does that work exactly?
0 coins
NebulaNomad
•You log into your account every week and report any work you did and wages you earned. You also confirm you're still able and available to work.
0 coins
Freya Thomsen
Just wanted to add that if you're denied initially, you can appeal the decision. Sometimes they get the classification wrong on the first review.
0 coins
Zainab Ismail
•How long do you have to file an appeal?
0 coins
Freya Thomsen
•I think it's 30 days from the determination date, but double-check that timeframe when you get your notice.
0 coins
Omar Fawaz
This thread is really helpful! I'm in a similar boat with my consulting work. Definitely going to look into whether my old part-time job qualifies me.
0 coins
Chloe Martin
•Same here. I had no idea about the base period wage requirements.
0 coins
Zainab Ismail
•Glad this helped others too! Going to try calling Washington ESD tomorrow using that Claimyr thing someone mentioned.
0 coins
Diego Rojas
One more thing - if you do qualify, your benefit amount will be based on your W-2 wages, not your contractor income. So don't expect it to reflect your full earnings from freelance work.
0 coins
Zainab Ismail
•That makes sense since contractors don't pay into the UI system. At least something is better than nothing.
0 coins
Anastasia Sokolov
The system really wasn't designed with the gig economy in mind. Hopefully they'll update the rules eventually to better reflect how people actually work now.
0 coins
StarSeeker
•Agreed. So many people do mixed W-2 and contract work these days.
0 coins
Sean O'Donnell
•Some states are starting to look at portable benefits for contractors but Washington isn't there yet.
0 coins
Zara Ahmed
Update us on how it goes OP! Would be good to know the outcome for others in similar situations.
0 coins
Zainab Ismail
•Will do! Planning to file this weekend and see what happens.
0 coins