Can contractor get unemployment benefits from Washington ESD?

That's what I was afraid of. Are there any exceptions to this rule?

There can be exceptions if you were misclassified as a contractor when you should have been an employee. Washington ESD investigates these cases.

Interesting - they did provide me with a laptop and set my hours. Maybe I should look into this misclassification angle.

Definitely worth investigating. I had a similar situation and Washington ESD ruled in my favor after review.

Thanks for the tip! I'll check that out. Did you end up getting approved for benefits?

Yes, after they investigated my work arrangement they determined I was misclassified and approved my claim retroactively.

How much does something like Claimyr cost? Sounds too good to be true.

I understand the frustration. The high call volume makes it difficult for everyone to get through during peak times.

peak times? feels like ALL times are peak times with them lol

How long does the investigation process usually take?

In my experience it took about 6-8 weeks for them to make a determination. They contacted both me and my former employer for information.

True independent contractors are ineligible, but if you were misclassified it's a different story. The test is about the actual working relationship, not just the paperwork.

Good to know. I might need to look into this for some of my past contracts.

That's exactly the type of situation where misclassification often occurs. If they control when, where, and how you work, you might legally be an employee.

Wow, this could change everything for me. Time to do some research.

You can request a redetermination if you have new information about your work classification. Contact Washington ESD to discuss your specific situation.

Definitely try calling them again, or use that Claimyr service I mentioned earlier if you're having trouble getting through. They really helped me navigate the process.

That sounds exactly like my situation! This gives me hope. How did he prove the misclassification?

He gathered emails showing they dictated his schedule, photos of the company equipment he used, and the non-compete clause in his contract. Washington ESD used all of that as evidence.

True, but if you have good documentation of the employer-employee relationship, it's definitely winnable. I've seen it happen.

Fair point. Just want people to know it's not automatic approval just because you file.

Key documents include: contracts showing control over your work, emails about schedule requirements, evidence of company-provided equipment, training materials, and any non-compete agreements.

Perfect, I have most of those things. Thanks for the detailed list!

Actually, if Washington ESD determines you were misclassified, they can include those contractor wages in your benefit calculation. It's retroactive.

Really? I didn't know that. Maybe it's worth pursuing after all.

That's reassuring to hear from a tax professional. Gives me more confidence to pursue this.

Do you see many people win these cases?

If they have good documentation showing employer control over the work, success rate is pretty high. The law is on the worker's side when misclassification occurs.

You'd need to evaluate each client relationship separately. One might be misclassification while others are legitimate contractor arrangements.

That makes sense. I think one of my clients definitely crosses the line into employer territory.

Awesome! I'm definitely going to try that. Did they say anything specific about contractor cases?

Yeah, they said to file the initial claim online even as a contractor, then request investigation for potential misclassification. The system can handle both processes.

Washington does have some workforce development programs for self-employed individuals, though they're different from unemployment benefits.

Good to know there are other options if the unemployment route doesn't work out.

Good luck! Make sure to keep copies of everything you submit to Washington ESD for your records.

And don't hesitate to use Claimyr if you need to speak with an agent directly. Really helps cut through the phone queue frustration.

Thanks for the update! That gives me a clear path forward. Really appreciate everyone's input on this thread.

Keep us posted on how it goes! This info could help other contractors in similar situations.