Can contractors file for unemployment in Washington state?

Generally speaking, independent contractors aren't eligible for regular unemployment insurance in Washington because you haven't been paying into the UI system. Washington ESD looks at whether you were classified as an employee (W-2) or contractor (1099). If you were a true independent contractor, you typically won't qualify for benefits.

Actually, it's more complicated than that. Washington ESD will investigate whether you were truly an independent contractor or if you were misclassified. They use what's called the 'ABC test' to determine this. If you can prove you were actually an employee who was wrongly classified as a contractor, you might be eligible.

I went through this exact situation last year! I was classified as a contractor but Washington ESD determined I was actually an employee. The company had to pay back UI taxes and I got my benefits. You should definitely apply and let them investigate. The worst they can do is say no, but if you were misclassified, you could get benefits.

This is so confusing! I've been trying to get through to Washington ESD for weeks to ask about this exact thing but their phone lines are always busy. I can never get past the automated system to talk to a real person who can explain my situation.

Just want to add that even if you don't qualify for regular UI, you might be eligible for other programs. Washington has some self-employment assistance programs and there are federal programs too sometimes. Don't give up without exploring all options.

The key thing is documentation. If you decide to challenge your contractor classification, gather everything - emails about your schedule, evidence that you used their equipment, proof that you didn't work for other clients, anything showing they controlled how you did your work.

ugh the whole contractor vs employee thing is such a mess. Companies do this to avoid paying taxes and benefits but then workers get screwed when they need unemployment. glad washington at least investigates it

Another thing - when I applied, I made sure to explain my situation clearly in the application. Don't just check the 'contractor' box and assume you're denied. Explain that you believe you were misclassified and why. Washington ESD will then do their investigation.

Just be prepared that if they determine you were properly classified as a contractor, you won't be eligible. But like everyone said, if there's any doubt about your classification, it's worth applying and letting them investigate.

If you do need to talk to someone at Washington ESD about your specific situation, I really can't recommend Claimyr enough. I was in a similar complicated situation and needed to speak with an agent to get clarity. Their service saved me so much time and frustration.

I work in HR and see this issue a lot. Many companies misclassify workers to save money. If you had set hours, used their equipment, couldn't work for competitors, or they controlled how you did your job, you were probably misclassified.

Does anyone know how long the whole process takes from application to getting benefits if you're found to be misclassified?

just want to say this thread has been super helpful. I'm in almost the exact same situation and was going to give up on applying. now I'm going to gather my documentation and apply.

Good luck to both of you! Remember to be thorough in explaining your work situation when you apply. The more detail you provide about the control the company had over your work, the better they can evaluate your case.

One last tip - keep records of everything during this process. Save all communications with Washington ESD, keep copies of your application, document any phone calls. If there are any issues or delays, having good records will help.

The fact that Washington actually investigates these cases gives me some faith in the system. A lot of states just automatically deny contractors without looking into it.

Update: I tried Claimyr like someone suggested and actually got through to talk to a Washington ESD agent! They were able to explain the contractor investigation process and confirmed I should apply. Really glad I didn't have to keep trying to call for weeks.

This whole thread shows why it's so important to not just assume you're not eligible. The rules are more nuanced than most people realize.

For anyone reading this later - the key takeaway is that Washington ESD will investigate contractor vs employee classification. Don't self-eliminate if you think you might have been misclassified. Apply and let them make the determination.

I've been following this thread as someone who went through a similar situation about 2 years ago. One thing I'd add is to make sure you document not just the control aspects, but also your financial relationship with the company. Did they provide all your work? Were you economically dependent on them as your sole source of income? Washington ESD also considers economic realities when determining classification. In my case, even though I had some flexibility in how I did the work, the fact that they were my only client and I was financially dependent on them helped my case. Also, don't be discouraged if the initial determination goes against you - you have appeal rights and the appeals process sometimes takes a closer look at the evidence.