Can contractors collect unemployment benefits in Washington state?
I've been working as an independent contractor for the past 2 years doing web design work. My main client just ended our contract and I'm wondering if I can file for unemployment benefits with 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?
63 comments


Zara Rashid
Generally speaking, independent contractors can't collect regular unemployment benefits because they don't pay into the UI system. However, there are some exceptions depending on how your work was classified. Did you receive 1099s or W-2s?
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Sean Doyle
•I got 1099s for all my work. Does that mean I'm out of luck completely?
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Zara Rashid
•1099s typically mean independent contractor status, but Washington ESD looks at the actual work relationship, not just the tax forms. You might want to apply anyway and let them make the determination.
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Luca Romano
I was in a similar situation last year. Even though I got 1099s, Washington ESD determined I was actually misclassified as a contractor when I should have been an employee. They approved my claim retroactively. The key is whether you had control over how and when you did the work.
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Sean Doyle
•That's interesting! My client basically told me what to do and when to do it, even though I was called a contractor. How did you prove the misclassification?
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Luca Romano
•I had to provide documentation showing they controlled my work schedule, provided equipment, and treated me like an employee. Washington ESD has a form for this - it's called the worker classification determination.
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Nia Jackson
You should definitely apply and see what happens. The worst they can do is deny it. I tried calling Washington ESD to ask about this exact situation but couldn't get through after hours of trying. Super frustrating.
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Mateo Hernandez
•I had the same problem trying to reach them! I actually found this service called Claimyr that helps you get through to Washington ESD agents. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.
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Nia Jackson
•That sounds helpful! I've been trying to call for weeks with no luck.
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CosmicCruiser
Wait, so if I was misclassified as a contractor, can I get unemployment benefits even though I never paid into the system? This doesn't make sense to me.
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Zara Rashid
•If you were misclassified, then your employer should have been paying unemployment taxes on your behalf. Washington ESD can go back and collect those taxes from the employer and then approve your claim.
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CosmicCruiser
•Oh wow, that's crazy. So the employer could end up owing back taxes?
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Zara Rashid
•Exactly. That's why proper classification is so important. Employers sometimes misclassify workers to avoid paying taxes and benefits.
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Aisha Khan
THIS IS EXACTLY WHY THE SYSTEM IS BROKEN! Companies get away with calling everyone contractors to avoid paying benefits and then workers get screwed when they need help. It's ridiculous!
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Ethan Taylor
•I feel you on this. It's so frustrating how companies abuse the contractor classification.
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Sean Doyle
•Yeah, I'm starting to think my client might have been doing this to avoid taxes and benefits.
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Luca Romano
For what it's worth, Washington state has been cracking down on misclassification lately. They're more likely to side with workers now than they used to be. You should definitely file a claim and request a worker classification review if they initially deny you.
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Sean Doyle
•How long does the classification review process take?
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Luca Romano
•Mine took about 6 weeks, but this was during a busy period. Could be faster now.
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Yuki Ito
•6 weeks?? That's forever when you need money for bills!
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Zara Rashid
Just to clarify the process: 1) File your initial claim online 2) If denied, request reconsideration 3) If still denied, you can request a worker classification determination 4) If that's favorable, they'll reopen your claim. Each step has specific timeframes so don't miss the deadlines.
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Sean Doyle
•This is super helpful, thank you! I'm going to start the process tomorrow.
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Carmen Lopez
•Make sure you keep all your documentation from the client - contracts, emails, anything showing how they controlled your work.
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Andre Dupont
I think there might also be some special rules for certain types of contractors? Like rideshare drivers or something? Not sure if that applies to web design though.
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Zara Rashid
•You're thinking of specific industries that have their own rules, but those don't apply to most contractors. The general misclassification rules would apply to web design work.
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Andre Dupont
•Got it, thanks for clarifying!
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QuantumQuasar
I'm going through something similar right now. Filed my claim three weeks ago and it's stuck in adjudication. I think they're reviewing my contractor status. The waiting is killing me financially.
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Mateo Hernandez
•If you need to check on your adjudication status, I'd recommend using Claimyr to get through to Washington ESD. I used them last month when my claim was stuck and finally got answers about what was holding it up.
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QuantumQuasar
•I might have to try that. I've called dozens of times with no luck.
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Zoe Papanikolaou
•Same here - been trying to call for weeks. This system is impossible.
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Jamal Wilson
Quick question - if you were a true independent contractor, like running your own business with multiple clients, then you definitely can't get unemployment right? It's only when you're misclassified?
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Zara Rashid
•Correct. True independent contractors with multiple clients, their own business license, control over their work, etc. generally don't qualify for unemployment benefits.
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Jamal Wilson
•That makes sense. It's really about the actual working relationship, not just the paperwork.
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Mei Lin
Does anyone know if there's a difference between state and federal rules on this? I'm worried about conflicting information.
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Zara Rashid
•Unemployment is handled at the state level, so you follow Washington state rules. Federal rules mainly come into play for things like federal unemployment extensions during emergencies.
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Mei Lin
•Good to know, thanks!
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Liam Fitzgerald
This whole contractor vs employee thing is so confusing. I wish companies would just be upfront about it instead of trying to save money at workers' expense.
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Ethan Taylor
•Seriously! It's like they want all the benefits of having employees without any of the responsibilities.
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Sean Doyle
•That's exactly what I think happened to me. They treated me like an employee but called me a contractor.
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Amara Nnamani
For OP - make sure you have documentation of: work schedule requirements, equipment provided, training received, how payments were made, whether you could work for others, etc. All of this helps prove employee vs contractor status.
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Sean Doyle
•I have emails showing they required specific hours and provided software licenses. That should help right?
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Amara Nnamani
•Yes! Those are exactly the kind of things that suggest employee status rather than true contractor work.
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Giovanni Mancini
Just wanted to add - even if your initial claim gets denied, don't give up. The appeals process exists for a reason and worker classification cases can be complex.
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Sean Doyle
•Thanks for the encouragement! I'm definitely going to see this through.
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NebulaNinja
•Good luck! It's worth fighting for if you believe you were misclassified.
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Fatima Al-Suwaidi
One more thing - if you do get approved after a classification review, you might be eligible for benefits going back to when you first filed. So don't wait too long to start the process.
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Sean Doyle
•That's good to know! I'll file tomorrow morning.
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Dylan Mitchell
•Yes, retroactive benefits can be a lifesaver when you've been waiting for resolution.
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Sofia Morales
Has anyone had luck with the Washington ESD online chat feature for these kinds of questions? Or is calling still the best option?
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Dmitry Popov
•I've tried the chat but it's usually for basic questions. For classification issues, you probably need to speak with an actual adjudicator.
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Mateo Hernandez
•That's why I ended up using Claimyr - needed to talk to someone who could actually look at my specific case details.
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Ava Garcia
Thanks everyone for all the helpful info! This thread has been more useful than anything I found on the Washington ESD website.
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Sean Doyle
•I agree! Really appreciate everyone sharing their experiences.
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StarSailor}
•That's what this community is for - helping each other navigate these complicated systems.
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Miguel Silva
One last tip - keep detailed records of everything during this process. Dates of calls, names of people you spoke with, reference numbers, etc. It all helps if you need to appeal or escalate.
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Sean Doyle
•Great advice! I'll start keeping a log of everything starting with my application tomorrow.
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Zainab Ismail
•Wish I had done this from the beginning. Would have saved me a lot of hassle later.
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Connor O'Neill
Update us on how it goes OP! Would be helpful to know the outcome for others in similar situations.
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Sean Doyle
•Will do! I'll post an update once I hear back from Washington ESD.
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Yara Nassar
•Looking forward to hearing how it turns out!
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Keisha Robinson
Good luck OP! The contractor classification issue is more common than people think. You're definitely not alone in dealing with this.
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Sean Doyle
•Thanks! It's reassuring to know others have been through this successfully.
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GalaxyGuardian
•Exactly - don't let them intimidate you into not applying. You have rights as a worker.
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