Can a 1099 employee file for unemployment with Washington ESD?

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

Well, you might want to look into whether you were properly classified as a 1099. Sometimes employers misclassify workers to avoid paying benefits.

Really? How would they determine that? I did have set hours and worked exclusively for one company.

They look at factors like control over your work, whether you had set hours, if you used their equipment, exclusivity of the relationship, etc. Sounds like you might have a case.

How long did the investigation take? I'm getting worried about bills piling up.

It took about 6 weeks for them to make the determination. I had to provide documentation showing my work relationship. If you need to reach Washington ESD agents quickly, I used claimyr.com - they help you get through the phone lines faster. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

Gig work is different - those are typically true independent contractor relationships. But you should still apply to be sure.

ugh this is so confusing. why cant they just make it simple

Thanks! I'll check that out. Behavioral control sounds like it could apply to my situation.

Yes, if they controlled when, where, and how you did your work, that's a strong indicator of employee status.

Months?? That's terrifying. How am I supposed to pay rent?

I know it's stressful. You might want to look into local assistance programs while you wait. Some counties have emergency rental assistance.

I do have emails showing they gave me specific instructions and deadlines. Would that help?

Absolutely! Save all those emails. Also any documentation about training, company policies you had to follow, performance reviews, etc.

While the system has flaws, Washington ESD does investigate misclassification cases. They've been cracking down more lately.

Sure, but only after you've been without income for months waiting for them to make a decision.

You can appeal that denial! You have 30 days from the date of the determination to file an appeal.

really? i thought that was it. how do i appeal?

what kind of evidence? i dont have much paperwork

Emails, text messages, work schedules, company handbook if you got one, witness statements from coworkers, anything showing they controlled your work.

Good luck! Make sure to keep checking your SecureAccess Washington (SAW) account for any requests for additional information.

Will do. Thanks everyone for the encouragement and advice!

Three levels?? How long did that take?

Almost a year total, but they got back pay for the entire period. It was worth it in the end.

Yes, I used it and it worked great. Saved me hours of trying to call. The video demo explains it well: https://youtu.be/7DieNd3C7zQ

Thanks! I'll check it out. Getting through their phone system is impossible otherwise.

Good point. I should probably start keeping track of my job search activities now just in case.

Smart thinking. You'll need to log everything in WorkSourceWA if you get approved.

That's exactly what happened to me. They controlled everything about my work but called me a contractor.

Document everything you can remember about that control. Set schedules, required meetings, performance reviews, etc.

Not really through Washington ESD directly, but you might qualify for other assistance programs. Check with DSHS for food assistance, housing programs, etc.

thanks ill look into that

That gives me hope! What was the most important factor in your case?

Probably the fact that I had to follow their specific procedures and couldn't subcontract the work to anyone else. Showed I wasn't truly independent.

I only worked for one company and had to use their systems and follow their procedures. Sounds like I was misclassified.

Those are definitely red flags for misclassification. You have a good case to make.

Which is exactly why Washington ESD investigates these cases. They're trying to protect workers from misclassification.

i guess but it shouldnt take months to figure out

Great advice. I'll start a log right away.

Also keep copies of everything you submit. Sometimes documents get lost in the system.

Each work relationship gets evaluated separately. You might be eligible based on one job even if the others were truly contractor positions.

Interesting. One of my positions was definitely more employee-like than the others.

Same here! This community is amazing for sharing real experiences.

That's what we're here for. Good luck with your application! Remember, if you need to reach Washington ESD agents, claimyr.com can help you get through faster.