Can a 1099 contractor file for unemployment in Washington state?

Unfortunately, traditional 1099 contractors typically aren't eligible for regular unemployment insurance in Washington. UI benefits are generally for employees who had taxes withheld from their paychecks. However, there might be some exceptions depending on how your work relationship was structured. You'd need to file an application and let Washington ESD make the determination.

That's what I was afraid of. So even though I paid self-employment taxes, that doesn't count toward UI eligibility?

Self-employment taxes go to Social Security and Medicare, not the state unemployment insurance system. Those are completely separate programs.

Wait, this gets complicated though. Sometimes people who think they're contractors are actually misclassified employees. If your client controlled when/where/how you worked, provided equipment, set your schedule, etc., you might actually be an employee under Washington law even if they gave you a 1099.

Interesting point. They did give me pretty specific deadlines and wanted me available during certain hours for meetings. But I used my own computer and software.

Those scheduling requirements could be a factor. The state looks at the total relationship, not just who owns the equipment. Might be worth applying and explaining your situation.

Yeah, worker misclassification is a huge issue. I've seen people win appeals even after initially being denied.

I tried calling Washington ESD about this exact question last month but could never get through to a human. The automated system just kept hanging up on me after an hour on hold. So frustrating when you need actual answers about your specific situation.

I had the same problem! I finally used this service called Claimyr that automatically calls Washington ESD for you and gets you connected to an agent. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Made all the difference for me.

Never heard of that but I'm desperate at this point. Regular calling isn't working at all.

Claimyr actually worked for me too. I was skeptical but got through to Washington ESD within like 20 minutes instead of wasting entire days trying to call.

just apply anyway!! worst they can say is no but sometimes they approve people who dont think they qualify. my sister got approved as a contractor but she had to appeal first

How long did her appeal take? I'm already behind on rent and can't afford to wait months.

like 6 weeks i think? she had to do a phone hearing but it worked out

The key thing is that Washington ESD will look at the ABC test to determine if you were truly an independent contractor. You need to meet ALL three criteria: (A) free from control and direction, (B) work outside the usual course of the hiring entity's business, and (C) engaged in an independently established trade. If you fail any part, you might be considered an employee.

That B part is tricky - I was doing graphic design for a marketing company, so design work was definitely part of their usual business.

Exactly! That's a red flag for independent contractor status. Sounds like you might have a case for employee classification.

This is why so many gig workers are getting reclassified. Companies save money on taxes and benefits by calling people contractors when they're really employees.

I went through this nightmare two years ago. Filed as a contractor, got denied, appealed, and eventually won. The hearing officer agreed that even though I got 1099s, the company treated me like an employee. Took forever but I got back pay for the whole period.

That gives me hope! What kind of evidence did you need for the hearing?

Email communications showing they controlled my work, evidence of set schedules, proof that I only worked for them during that period. The more documentation the better.

Documentation is huge. I saved every email, text, and work instruction when I was fighting my contractor classification.

UGHHH this whole system is so messed up! Companies get away with misclassifying workers all the time and then we're the ones who suffer when we need help. Meanwhile they save thousands on not paying into unemployment insurance for us.

Preach! And then when you try to get answers from Washington ESD it's impossible to reach anyone.

Right? I feel like I'm being punished for how my employer chose to classify me.

Quick question - did you only work for this one client or did you have multiple clients during those 8 months? That can make a difference in how they evaluate your contractor status.

Mostly just them. I had maybe 2-3 small side projects but 90% of my income came from this one client.

That economic dependence on one client is another factor that supports employee classification. Definitely apply and explain your situation fully.

File the application online through the Washington ESD website. Even if you think you might not qualify, let them make the official determination. In the application, be detailed about your work relationship and why you believe you may have been misclassified. Include information about control, integration, and economic dependence.

Should I mention the ABC test stuff you all talked about in my application?

Yes, address each prong of the ABC test with specific examples from your work situation. Be thorough but factual.

One more thing to consider - even if your initial claim gets denied, don't give up. The appeals process exists for situations exactly like yours where there's genuine questions about worker classification. I've seen plenty of contractors win on appeal.

How do you request an appeal if you get denied?

You'll get instructions with your denial letter. Usually you have 30 days to file an appeal after receiving the determination.

Also remember that if you do get approved, you'll need to meet all the regular UI requirements like actively seeking work and being available for employment. The job search requirements are pretty strict in Washington state.

What are the job search requirements? I'm already looking for new clients but I assume they want something more formal.

You need to make at least 3 job search contacts per week and keep detailed records. Looking for freelance clients counts as long as you document it properly.

honestly the washington esd website is confusing af but you should def try to apply. worst case scenario they say no and you're in the same boat you're in now

True, I have nothing to lose by trying. Just worried about wasting time I could spend finding new work.

The application doesn't take that long. Maybe 30-45 minutes if you have all your info ready.

I'm dealing with something similar right now. My 1099 contract ended in December and I applied for UI. Still waiting to hear back but I used Claimyr to actually talk to someone at Washington ESD about my case. The agent said my situation sounded like potential misclassification and to make sure I included all the details about how controlled my work was.

That's encouraging! How do you use Claimyr exactly?

You just enter your info on their site and they call Washington ESD repeatedly until they get through, then conference you in. Way better than sitting on hold for hours.

My advice is to apply immediately and while you're waiting for a decision, start documenting everything about your work relationship with that client. Emails, texts, contracts, invoices, anything that shows how much control they had over your work.

Good thinking. I still have access to my work email so I should download everything before they cut me off.

Yes! Get all that documentation now before you lose access. Screenshots of everything.

Quick update - I actually just got approved for UI benefits even though I was a 1099 contractor! Took about 3 weeks but Washington ESD determined I was misclassified. The key was being really detailed in my application about how my 'client' controlled my work. Don't give up hope!

This is exactly what I needed to hear! What kind of details did you include?

Specific examples of them setting my hours, requiring me to use their processes, having me attend regular staff meetings, stuff like that. The more specific the better.

Bottom line: apply for UI benefits and explain your situation thoroughly. Washington state has been cracking down on worker misclassification so they're more likely to side with workers in borderline cases. Even if you get initially denied, the appeals process can work in your favor if you have good documentation.

Thanks everyone for all the advice. I'm going to apply today and see what happens. Fingers crossed!

Good luck! Remember to be completely honest about your work situation and include every detail that shows you were treated like an employee.

I've been following this thread closely because I'm in a similar situation. Just wanted to add that if you do end up having to appeal a denial, consider getting help from a legal aid organization or employment attorney who specializes in worker classification issues. Many offer free consultations for unemployment cases. I know it's another step, but having someone who understands the legal nuances can really help present your case effectively. Also, while you're gathering documentation, don't forget things like how they handled your work assignments - did they give you projects directly or did you bid on them? Did they provide training or detailed instructions? These details can be crucial in proving employee vs contractor status. Wishing you the best of luck with your application!