Can a contractor get unemployment benefits in Washington ESD?

Generally speaking, independent contractors aren't eligible for regular unemployment insurance in Washington because you haven't been paying into the UI system through payroll deductions. However, there might be some exceptions depending on how your work relationship was structured. Did your client treat you more like an employee (set your hours, provided equipment, etc.) or were you truly independent?

You should definitely apply through the Washington ESD website. Even if you were classified as a contractor, Washington ESD will do their own evaluation of your working relationship. They look at factors like who controlled how the work was done, whether you had other clients, if you could make a profit or loss, etc. The worst they can say is no, but you might be surprised.

I was in a similar situation last year - worked as a contractor for a marketing agency but they controlled pretty much everything about how I did my job. I applied for unemployment and after about a month of adjudication, Washington ESD determined I was actually an employee and approved my benefits. The key was documenting how much control they had over my work. If you're having trouble getting through to Washington ESD to check on your claim status, I used claimyr.com to get connected with an agent faster. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

ugh the whole contractor vs employee thing is so confusing!! I've been doing gig work and have no idea if I qualify for anything. Companies love to call everyone contractors to avoid paying benefits but then treat you like an employee. it's ridiculous

I'm a tax preparer and see this situation a lot. Even if you were legitimately an independent contractor, you might still qualify for benefits if you also had some W-2 employment during your base period. Washington ESD looks at all your earnings in the base period to determine eligibility. Also, make sure you understand the difference between being denied because you're a contractor versus being denied for insufficient wages.

Been through this exact situation. Filed my claim online and it went into adjudication immediately because of the contractor work. Took forever to get answers from Washington ESD until someone told me about Claimyr. Worth every penny to actually talk to a human being instead of waiting on hold for hours.

Just want to add that even if you don't qualify for regular UI benefits, you might be eligible for other programs. Washington ESD has various training programs and resources for self-employed individuals looking to transition to traditional employment.

whatever you do, don't lie on your application about being a contractor. Washington ESD will find out and it'll cause way more problems. be honest about your work situation and let them make the determination

The employer might fight the determination if Washington ESD decides you were actually an employee. They'll get hit with back taxes and penalties if they were misclassifying you. Just be prepared for that possibility - it could delay your case even more.

I was denied initially for being a contractor but appealed the decision and won. The hearing officer looked at the actual working relationship rather than just the contract language. Had to provide tons of documentation but it was worth it.

Pro tip: if you get approved, make sure you understand the job search requirements. They're different for different types of work and you don't want to get hit with a disqualification for not meeting the requirements.

same boat here! been contracting for 3 years and just lost my biggest client. filed last week and already got the adjudication notice. fingers crossed we both get approved 🤞

Don't forget that if you do get approved, you'll need to file your weekly claims on time every week. Missing even one week can cause issues with your benefits, and as a new claimant you definitely don't want any complications.

My sister went through this same thing with her consulting business. Washington ESD approved her benefits because her main client basically treated her like a remote employee. The key was showing that she couldn't make independent business decisions about her work.

Even if you don't qualify for UI, you might want to look into getting properly set up as a legitimate business for tax purposes. Sometimes the line between contractor and employee gets blurred when you're only working for one client.

Washington ESD is pretty thorough with their worker classification reviews. They'll look at your contract, payment structure, level of control, and whether you could profit or lose money. Just be patient during the adjudication process - it takes time but they're pretty fair.

Update us when you hear back! I'm sure other contractors in similar situations would love to know how it works out for you.

One more thing - if you had any 1099s from clients, make sure you have copies of those when you apply. Washington ESD might want to see them as part of their evaluation process.