Can a 1099 employee get unemployment benefits from Washington ESD?

That's what I was afraid of. So there's absolutely no way to get any help? This was my primary source of income for over a year.

There might be some exceptions depending on how your work relationship was structured. If you can prove you were misclassified as a contractor when you should have been an employee, Washington ESD might consider your case.

Interesting... they did require me to work specific hours and use their software systems. How did you prove the misclassification to Washington ESD?

I had to submit documentation showing they controlled my work methods and schedule. It took months to resolve though, and I had to appeal their initial denial. You might want to try Claimyr.com - they help people get through to Washington ESD agents faster to discuss these complex situations. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

Those programs like PUA (Pandemic Unemployment Assistance) ended in 2021. We're back to the traditional UI system now where you need W-2 employment history with unemployment taxes paid.

Oh damn, that sucks. I was hoping there might still be some options.

They definitely controlled how I did the work and provided extensive training on their processes. They also had me attend weekly team meetings. This is sounding more promising.

Document everything you can remember about the working relationship. Email communications, schedules they set for you, training materials, anything showing they treated you as an employee rather than an independent contractor.

Yeah it's really frustrating. I paid my own taxes but never realized I was missing out on unemployment protection.

That's the trade-off with 1099 work unfortunately. Higher pay rate in theory but no safety net.

Good point. How long does the adjudication process usually take for these kinds of cases?

Misclassification cases can take several weeks or even months since they have to investigate the work relationship. Be prepared for a longer wait than typical UI claims.

I did have a W-2 job about two years ago before I went full-time contracting. Would that count?

Possibly! Washington ESD looks at your base period which is typically the first four of the last five completed calendar quarters. You'd need to check if your W-2 wages fall within that timeframe.

This is correct. Even if your recent work was 1099, you might qualify based on older W-2 employment if it falls within the base period and meets the minimum wage requirements.

Speaking of getting through to Washington ESD, I recently discovered this service called Claimyr that helps you actually reach their agents. I was spending hours on hold and kept getting disconnected, but Claimyr got me through in like 20 minutes. Worth checking out at claimyr.com if you need to discuss your situation with someone.

That sounds helpful. I've been dreading trying to call Washington ESD because I know how hard it is to get through.

Good reminder. I'm already job hunting but I should probably start keeping better records of my applications.

Yes, Washington ESD requires detailed job search logs. At least 3 job contacts per week and you have to register with WorkSourceWA.

I'll update this thread once I file and see what happens. Hopefully it helps other contractors in the same situation.

Please do! There are probably lots of us in this gray area.

Yes, I've been paying quarterlies and have all those records. That's a good point about it showing this was my main job.

This is getting pretty complex. Might be worth consulting with an employment attorney if the claim gets denied.

Hopefully it doesn't come to that, but good to know it's an option.

How long does the appeals process typically take?

Appeals can take 4-8 weeks depending on the complexity and their backlog. But definitely worth pursuing if you believe you were misclassified.

That's... actually not a bad idea. We ended on good terms, they just had budget cuts. Might be worth a conversation.

Be careful with that approach though. If they feel like you're threatening them with a misclassification claim, it could backfire.

You're right. I'll start gathering my documentation and file this week. Thanks everyone for all the advice!

Good luck! Hope it works out for you.

I'm definitely going to try that. Thanks for the recommendation!

Seconding Claimyr - it's worth it just to avoid the frustration of trying to get through on your own.