Can consultants get Washington ESD unemployment benefits after contracts end?

That's what I was afraid of. Most of my clients paid me as a 1099 contractor, so no taxes were withheld. I guess I'm out of luck then?

Not necessarily completely out of luck. If any of your work was misclassified and you were actually functioning as an employee, you might have grounds for a claim. But that's a complex determination.

How did you manage to actually talk to someone at Washington ESD? I've been trying to call for days and keep getting busy signals or disconnected.

It was a nightmare trying to get through. I actually found this service called Claimyr that helped me get connected to a Washington ESD representative. They have this system that calls for you and gets you through the phone queue. Check out claimyr.com - there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

Interesting. Most of my contracts did require me to work specific hours and use their systems. One client even made me attend all their team meetings.

Those could be indicators of employee status rather than true independent contractor status. You might want to file a claim and let Washington ESD make the determination.

Wait, so even if you got 1099s you might still qualify for unemployment? That seems confusing.

Definitely try that Claimyr service I mentioned. It was the only way I could get through to actually talk to someone about my worker classification issue.

Thanks, I'll check it out. At this point I'm willing to try anything to get some answers about my claim status.

It's not that simple. True independent contractors typically can't get regular UI benefits, but if someone was misclassified as a contractor when they should have been an employee, they may still qualify.

oh ok that makes more sense. so its about whether you were really independent or not

What's your situation? Are you still waiting for a decision on your claim?

Yeah, they want all this documentation about my work arrangements, contracts, emails with clients. It's like they assume you're lying about being misclassified.

What if I don't have formal contracts? Most of my work was arranged through email discussions and informal agreements.

Email chains can actually be very helpful evidence. They often show the level of control the client had over your work, which is a key factor in classification.

This is exactly what I needed to know! I have tons of emails where my 'client' was basically micromanaging every aspect of my work.

I did! It took about 6 weeks total, but Washington ESD eventually determined that one of my contracts should have been classified as employment. The back pay was worth the wait.

That gives me hope. How did you present your case to them?

Wow, you got lucky! What time did you call? I've been trying every day with no success.

I called right at 8 AM when they opened. Still took forever but at least I got through eventually.

Good point. What other programs are available for people in my situation?

There's food assistance, rental assistance programs, and sometimes local emergency financial help. Definitely worth checking what's available in your county.

That's interesting. Would that work even if I'm the only employee of my own LLC?

Yes, but you'd need to actually pay employment taxes and follow all the requirements. It's more complex than just filing the paperwork.

Did you end up getting benefits?

eventually yeah but took like 3 months and tons of paperwork. had to prove my client was basically treating me like a regular employee

Should I file that form with the IRS before applying for unemployment, or can I do both at the same time?

You can do both simultaneously. The IRS determination might take longer, but having it in process could strengthen your case with Washington ESD.

That's awesome! Did they give you any indication of how long the review process might take?

They said typically 2-4 weeks for worker classification determinations, but could be longer if they need additional documentation.

What kind of consulting do you do? I'm curious if certain types of consulting work are more likely to be considered employee-like.

IT consulting, mostly working on-site at client locations using their equipment. Sounds like that might work in my favor based on what others have said here.

How much does something like that cost? I'm already tight on money.

I don't want to get into specifics about pricing, but for me it was definitely worth it to finally get answers about my claim. They have all the details on their website.

Agreed! I almost didn't even try to apply because I assumed contractors couldn't get benefits at all.

Exactly. The information on their website is pretty vague about worker classification issues.

Good point. Most of my clients were small businesses, so I wouldn't want to cause them financial problems if I can avoid it.

That's a consideration, but if you were truly misclassified, the employer was already violating tax and labor laws. The responsibility lies with them, not you.

Good luck! Make sure to gather all your documentation before you file - contracts, emails, records of supervision, anything that shows the nature of your work relationship.

Definitely keep us posted! This thread has been super helpful for understanding the whole contractor/employee classification thing.

That's a good point. I hadn't thought about training programs. Do you know what's available through Washington state?

WorkSource Washington has various programs for people transitioning between jobs or looking to upgrade skills. Worth checking their website.