Can a contractor file for unemployment benefits in Washington?
I've been working as an independent contractor for the past 8 months doing graphic design work. My main client just ended our contract and I'm wondering if I can file for unemployment benefits through Washington ESD? I know contractors are different from employees but I'm not sure what the rules are. Has anyone been in this situation before?
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Shelby Bauman
Unfortunately, independent contractors typically can't collect regular unemployment insurance (UI) benefits in Washington. You need to have been an employee paying into the UI system through payroll taxes. However, you might want to check if you qualify under any special circumstances.
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Josef Tearle
•That's what I was afraid of. Are there any exceptions or other programs I might qualify for?
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Shelby Bauman
•There might be some edge cases if you were misclassified as a contractor when you should have been an employee. Washington ESD looks at the actual work relationship, not just what the contract says.
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Quinn Herbert
wait i thought contractors could get unemployment now? didn't that change during covid?
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Salim Nasir
•That was the Pandemic Unemployment Assistance (PUA) program, but that ended in 2021. Regular unemployment rules are back in effect now.
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Quinn Herbert
•oh man that sucks. so we're back to the old rules then
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Hazel Garcia
I had a similar situation last year. Washington ESD will look at whether you were truly an independent contractor or if you should have been classified as an employee. If you can prove you were misclassified, you might have a case. But honestly, getting through to someone at Washington ESD to explain your situation is nearly impossible with their phone system.
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Josef Tearle
•How did you end up resolving it? Did you manage to get through to them?
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Hazel Garcia
•I actually found this service called Claimyr that helped me get through to an Washington ESD agent. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Saved me hours of calling.
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Laila Fury
The key factors Washington ESD looks at for contractor vs employee classification include: who controls how the work is done, whether you use your own tools/equipment, if you work for multiple clients, and how you're paid. If your client controlled your schedule and methods closely, you might have been misclassified.
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Josef Tearle
•They did set my hours and I had to use their software and work from their office sometimes. That sounds like employee stuff to me.
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Laila Fury
•Those are definitely employee characteristics. You should definitely apply and let Washington ESD make the determination. The worst they can do is deny it.
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Geoff Richards
•Be prepared to provide documentation of your work arrangement - contracts, emails, pay stubs, anything that shows the actual working relationship.
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Simon White
ugh the whole contractor vs employee thing is so confusing. companies use it to avoid paying benefits and taxes
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Salim Nasir
•It's definitely a problem. That's why Washington has been cracking down on misclassification. The state wants those UI tax contributions.
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Simon White
•yeah well good luck getting them to actually do anything about it
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Josef Tearle
Update: I tried calling Washington ESD this morning and got the busy signal for 2 hours straight. How is anyone supposed to get through to ask about their specific situation?
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Hazel Garcia
•That's exactly why I used Claimyr. Their system calls for you and gets you connected to an actual agent. Worth every penny when you're dealing with potential unemployment benefits.
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Hugo Kass
•I've heard mixed things about those calling services. Are they legit?
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Hazel Garcia
•Claimyr is legit. They don't ask for your personal info or login details, just help you get through the phone maze to reach a human.
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Nasira Ibanez
File the claim anyway! Let Washington ESD make the determination. I know someone who was working as a '1099 contractor' but was really doing employee work and they got approved for benefits after Washington ESD investigated.
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Josef Tearle
•Did it take a long time for them to investigate and make a decision?
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Nasira Ibanez
•It took about 6 weeks total. They had to contact the employer and review the work arrangement. But she got approved and even got back pay.
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Geoff Richards
The Washington Employment Security Department has specific criteria they use for this determination. They look at behavioral control, financial control, and the relationship type. If you were treated like an employee, you should file a claim.
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Josef Tearle
•Where can I find more details about these criteria? I want to prepare my case properly.
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Geoff Richards
•Check the Washington ESD website under 'Employer Information' - they have a section on worker classification. Also look up the IRS 20-factor test as Washington follows similar guidelines.
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Khalil Urso
been there done that. filed as a contractor thinking i couldn't get benefits, then found out later i probably could have. don't make my mistake!
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Josef Tearle
•So you never ended up filing? Can you still file now for that period?
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Khalil Urso
•nah it's too late now, you only have a certain window. that's why i'm telling you to file now while you can
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Myles Regis
I work in HR and see misclassification all the time. If they controlled when, where, and how you worked, provided training, gave you regular assignments rather than project-based work, and you didn't work for other clients simultaneously, you were likely an employee regardless of what the paperwork said.
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Josef Tearle
•That describes my situation exactly. They even made me attend team meetings and use their project management system.
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Myles Regis
•Those are clear employee indicators. File the claim and provide all that documentation to Washington ESD. They take misclassification seriously.
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Brian Downey
•What happens to the employer if Washington ESD finds they misclassified someone?
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Myles Regis
•They have to pay back taxes and penalties, plus the employee becomes eligible for benefits. It's expensive for employers which is why many fight it.
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Jacinda Yu
Just a heads up - if you do file and get denied initially, you can appeal the decision. A lot of contractor classification cases get sorted out during the appeal process when they can review all the evidence.
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Josef Tearle
•Good to know. How long do you have to file an appeal if they deny the claim?
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Jacinda Yu
•You have 30 days from the date of the determination letter to file an appeal. Don't miss that deadline!
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Landon Flounder
DEFINITELY file the claim. I was in almost the exact same situation with a marketing contract that ended. Washington ESD determined I was misclassified and I got 16 weeks of benefits. The investigation process was thorough but fair.
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Josef Tearle
•That's encouraging! Did you need a lawyer or were you able to handle it yourself?
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Landon Flounder
•I handled it myself. Just gathered all my documentation - contract, emails showing they controlled my work, evidence I only worked for them, etc. Washington ESD did the rest.
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Callum Savage
•How long did it take from filing to getting your first payment?
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Landon Flounder
•About 8 weeks total because of the investigation, but I got back pay for the whole period once approved.
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Ally Tailer
the whole system is set up to confuse people and make them think they don't qualify. file the damn claim and make THEM prove you don't qualify, not the other way around
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Josef Tearle
•You're right, I'm definitely going to file. Better to try and get denied than not try at all.
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Aliyah Debovski
•exactly! you paid taxes, you deserve to know if you qualify or not
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Miranda Singer
I used Claimyr when I had questions about my contractor situation last month. Got through to an Washington ESD agent in about 20 minutes instead of spending all day calling. They were able to explain exactly what documentation I needed for my case.
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Josef Tearle
•That sounds really helpful. I'm getting tired of the busy signals and automated messages.
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Miranda Singer
•Same here. The agent I spoke with was really knowledgeable about contractor vs employee issues. Made the whole process much clearer.
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Cass Green
UPDATE: I filed my claim online this afternoon. It was easier than I expected. Now I wait to see what Washington ESD decides. Thanks everyone for the advice and encouragement!
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Salim Nasir
•Good for you! Make sure to keep filing your weekly claims even while they're investigating your eligibility.
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Myles Regis
•Smart move. Keep all your documentation organized in case they ask for more information during the review process.
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Landon Flounder
•You did the right thing. Keep us posted on how it goes!
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Josef Tearle
•Will do! Fingers crossed the investigation goes smoothly.
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