Can a contractor collect unemployment benefits in Washington state?
I've been working as an independent contractor for the past 2.5 years doing marketing work for various clients. My biggest client just ended our contract and I'm having trouble finding new work. A friend told me I might be able to collect unemployment but I always thought contractors couldn't get UI benefits. Has anyone here been able to file for unemployment as a contractor? I'm not sure if Washington ESD even allows it or what documentation I'd need to prove my situation.
48 comments


Vera Visnjic
Generally speaking, independent contractors aren't eligible for regular unemployment benefits because you haven't been paying into the system. Washington ESD requires that you've been an employee with wages reported and UI taxes paid on your behalf. However, there are some exceptions - if you were misclassified as a contractor when you should have been an employee, you might have a case.
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Mason Lopez
•How would I know if I was misclassified? I've been filing 1099s but the work was pretty much full-time with one main client.
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Vera Visnjic
•Look at the IRS worker classification test - if they controlled your schedule, provided equipment, and treated you like an employee, you might have been misclassified. Washington ESD will investigate this during adjudication.
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Jake Sinclair
I tried this last year and got denied immediately. Washington ESD said since I had no W-2 wages in my base period, I wasn't eligible. The whole process was frustrating and took forever to get a clear answer.
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Brielle Johnson
•Same thing happened to me. Spent weeks trying to get through to someone at Washington ESD just to be told I didn't qualify.
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Honorah King
•This is exactly why I ended up using Claimyr to get through to an actual Washington ESD agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Way better than sitting on hold for hours.
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Oliver Brown
Wait, there might be some options depending on your situation. If you had ANY W-2 employment in the past 18 months, even part-time work, you might be able to establish a claim. Also, some states expanded contractor eligibility during COVID but I'm not sure if Washington still has those provisions.
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Mason Lopez
•I did have a part-time W-2 job about 8 months ago that lasted for 3 months. Would that help my case?
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Oliver Brown
•Yes! That could definitely help. You need to look at your base period wages - if you earned enough in W-2 wages during the right quarters, you might qualify for partial benefits.
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Mary Bates
•Be careful though - even if you qualify based on W-2 wages, you'll still need to meet the ongoing eligibility requirements like job search and being available for work.
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Clay blendedgen
The whole contractor/employee thing is such a mess. I've been fighting with my former 'employer' for months because they treated me like an employee but classified me as a contractor. No benefits, no UI contributions, but they controlled everything I did.
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Vera Visnjic
•You should definitely file a claim and let Washington ESD investigate the employment relationship. They have specific criteria for determining if someone was misclassified.
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Clay blendedgen
•I tried but got stuck in adjudication for weeks. Finally got it sorted out but it was a nightmare dealing with Washington ESD phone system.
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Ayla Kumar
honestly this system is so confusing... why can't they just make it simple to understand who qualifies and who doesn't?? I've been trying to figure this out for my brother who's in a similar situation
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Jake Sinclair
•Because Washington ESD makes everything unnecessarily complicated. The rules change depending on your specific situation and they're terrible at explaining things clearly.
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Honorah King
•This is exactly why services like Claimyr exist - to help people navigate this confusing system and actually talk to someone who can give you real answers about your specific situation.
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Lorenzo McCormick
From my experience working in payroll, true independent contractors generally don't qualify for UI benefits in Washington. The key factors are: did you pay self-employment taxes, did you control your own work methods, did you provide your own tools/equipment, and did you work for multiple clients? If yes to most of these, you're likely classified correctly as a contractor.
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Mason Lopez
•I did work for multiple clients and provided my own equipment, but the main client pretty much set my schedule and deadlines for everything.
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Lorenzo McCormick
•That's a gray area. Schedule control is one factor but not the only one. You'd need to look at the totality of the working relationship.
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Carmella Popescu
Check if you qualify for any other assistance programs while you're looking for work. Even if you can't get regular UI, there might be other resources available for contractors or self-employed people.
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Mason Lopez
•Good point. I should probably look into that too. Any ideas where to start?
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Carmella Popescu
•WorkSource WA has resources for self-employed folks, and there are sometimes federal programs available. Also check with your local community action agencies.
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Kai Santiago
I'm going through something similar right now. Filed a claim based on some W-2 work I had earlier this year, but now I'm in adjudication while they review my contractor work. It's been 3 weeks with no updates.
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Brielle Johnson
•Adjudication can take forever. I waited 6 weeks for mine to get resolved.
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Honorah King
•That's brutal. When I was stuck in adjudication, I used Claimyr to actually get through to someone at Washington ESD who could explain what was happening with my case. Saved me weeks of wondering what was going on.
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Kai Santiago
•I might have to try that. Getting through on the phone normally is impossible.
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Lim Wong
Just want to add that if you do somehow qualify for benefits, you'll still need to register with WorkSource and do the job search requirements. They don't waive those just because you were a contractor.
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Mason Lopez
•That makes sense. I assume I'd be looking for employee positions, not more contract work?
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Lim Wong
•You'd need to be available for and seeking suitable employment, which usually means W-2 employee positions for UI purposes.
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Dananyl Lear
The pandemic really messed up a lot of people's understanding of contractor eligibility because there were special programs like PUA that don't exist anymore. Now we're back to the regular rules which are much more restrictive.
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Jake Sinclair
•Yeah, a lot of people got used to those expanded benefits and don't realize they're gone now.
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Oliver Brown
•Exactly. The current Washington ESD system is back to pre-2020 rules for the most part.
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Noah huntAce420
If you decide to file a claim, make sure you have all your documentation ready - any W-2s from the base period, 1099s showing your contractor work, and any evidence about how much control your clients had over your work. Washington ESD will want to see everything during their investigation.
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Mason Lopez
•Thanks for the heads up. I'll gather all that stuff before I even try to file.
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Noah huntAce420
•Smart move. Being prepared upfront can save you a lot of back and forth with Washington ESD later.
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Ana Rusula
been there done that, got the rejection letter lol. Unless you have significant W-2 wages in your base period you're probably out of luck
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Mason Lopez
•How much is considered 'significant'? I made about $4,800 in W-2 wages over those 3 months.
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Vera Visnjic
•You need to meet the minimum wage requirements for your base period. In Washington, you need at least $5,265 in your entire base period and at least $3,510 in your highest quarter. Your $4,800 might work depending on when exactly you earned it.
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Fidel Carson
The classification issue is huge. I know someone who successfully challenged their contractor status and got UI benefits retroactively, but it took months of fighting with Washington ESD and providing tons of documentation about their work relationship.
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Clay blendedgen
•That gives me hope for my situation. How did they prove they were misclassified?
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Fidel Carson
•They showed that the company controlled their schedule, provided all equipment, required them to work exclusively for that company, and treated them exactly like other employees except for the tax forms.
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Isaiah Sanders
Don't forget that even if you can't get regular unemployment, you might be able to get other types of assistance while you're between contracts. There are programs for people in transition that don't require the same employment history.
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Mason Lopez
•I'll look into that too. Any specific programs you'd recommend checking out?
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Isaiah Sanders
•Start with your local DSHS office and see what they have available. Food assistance and medical coverage can help bridge the gap while you're looking for work.
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Xan Dae
UPDATE: I decided to go ahead and file a claim based on my W-2 wages from earlier this year. Worst case they deny it, but at least I'll know for sure. Will update this thread if I hear anything back from Washington ESD.
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Vera Visnjic
•Good for you! Make sure to continue filing your weekly claims even while they're reviewing your eligibility, or you could lose potential benefits.
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Honorah King
•Smart move. And if you get stuck trying to reach Washington ESD about your claim status, remember that Claimyr can help you get through to an actual person instead of waiting on hold forever.
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Xan Dae
•Thanks! I'll keep that in mind if I run into issues getting information about my claim.
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