Can a nanny file for unemployment in Washington ESD?

That's what I was afraid of. Is there any way to challenge the classification? I worked set hours, used their supplies, and they controlled how I did my job.

You could potentially file a worker classification appeal with the state, but that's a separate process from unemployment and takes time. For immediate benefits, you'd need documented W-2 wages.

Did you try applying anyway or just assume you couldn't qualify?

I tried calling Washington ESD to ask but could never get through to talk to anyone. Spent hours on hold just to get disconnected.

If you're having trouble reaching Washington ESD by phone, I recently discovered Claimyr (claimyr.com) which helps you actually get through to speak with an agent. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth checking out to get a definitive answer about your eligibility.

How would I know if they paid unemployment taxes? Would that show up somewhere on my pay stubs or tax documents?

If they paid properly, you'd have received W-2s showing unemployment taxes withheld. Since you mentioned getting 1099s, it sounds like they didn't treat you as a covered employee.

This is exactly why the classification matters so much! Families often don't realize they should be treating regular nannies as employees, not contractors.

Unemployment insurance is funded by employer taxes on covered wages. If employers don't pay into the system, workers can't collect benefits from it. It's not based just on working, but on having 'covered employment.

That seems really unfair to domestic workers who lose their jobs through no fault of their own.

I haven't really explored other options yet. Do you know what kind of programs might be available?

You might qualify for SNAP (food assistance) or other state programs. Also check if there are any local childcare worker support programs in your area.

Exactly! I had set hours, used their car seats and supplies, followed their rules about meals and activities. That doesn't sound like independent contractor work to me.

The IRS has specific tests for worker classification. Control over how work is performed is a key factor, so your situation might actually qualify as employee status.

Problem is proving it after the fact. Most nanny jobs are pretty informal with minimal documentation.

Thanks for the suggestion! I'll look into that service. Getting through to Washington ESD has been impossible so far.

Never heard of Claimyr before but might be worth trying. I've been calling Washington ESD for weeks about my own claim issues with no luck.

Good point. I guess there's no harm in applying and seeing what happens.

Just be aware that if you're denied, you'll need to appeal within 30 days if you want to challenge the decision. Keep records of everything.

That describes my situation exactly. They set my hours, told me what activities to do with the kids, provided all supplies and food. How do I prove this to Washington ESD?

Gather any documentation you have - text messages about schedule changes, emails with job instructions, photos showing you used their supplies. Even informal evidence can help establish the employment relationship.

Also keep records of how they exercised control over your work. Did they train you on their preferred methods? Did you have to ask permission for changes? These details matter for classification.

Right? I had no idea this was even a possibility until now. The rules around domestic work are so confusing.

Makes me wonder how many other household employees don't know their rights. There should be better information available about this stuff.

They never withheld anything - just paid me cash most of the time and gave me the 1099 at tax time. Does that hurt my chances?

It makes it harder but not impossible. The actual work relationship matters more than the payment method. Focus on documenting how they controlled your work.

Good reminder. I'll start gathering documentation and try to contact Washington ESD this week.

You generally have to file within a year of when you last worked, but sooner is always better for establishing your claim.

Exactly! They wanted me there every weekday from 7am to 6pm, but somehow I was supposedly 'self-employed.' Makes no sense.

That schedule alone sounds like employee work to me. Independent contractors typically have more flexibility in when and how they work.

It's possible but complicated. You'd need to file with both the IRS and state employment security. The process can take months and doesn't guarantee unemployment eligibility.

Sounds like it might not help with my immediate need for benefits, but could be worth doing for the future.

Same here! I had no idea the situation was so complicated when I started this thread.

That's what these forums are for. And seriously, if you need to actually talk to someone at Washington ESD about your specific situation, try that Claimyr service I mentioned earlier. Sometimes you just need to speak with an actual person to get clear answers.

Agreed on getting direct answers from Washington ESD. Online research only goes so far when every situation has unique factors.