Can contractors get unemployment benefits in Washington state?

The short answer is maybe, but it's complicated. Washington state does allow some independent contractors to qualify for unemployment benefits, but you have to meet specific criteria. The key is whether you were misclassified as a contractor when you should have been an employee. Washington ESD will look at factors like whether your client controlled how you did your work, provided equipment, set your schedule, etc.

Generally speaking, independent contractors aren't eligible for regular unemployment benefits in Washington because you haven't been paying into the UI system through payroll deductions. Washington ESD typically requires that you were an employee who had taxes withheld from your paychecks. However, there are some nuances depending on how your work relationship was structured.

I went through this exact situation last year! As a contractor, you can file for UI benefits but Washington ESD will investigate whether you were actually an employee. They use something called the 'ABC test' to determine if you were properly classified. It took about 6 weeks for them to make a decision in my case.

I was in a similar boat last year. Worked as a contractor for a marketing agency but Washington ESD determined I was actually misclassified as an independent contractor when I should have been an employee. They looked at things like whether I had set hours, used company equipment, and how much control they had over my work.

Just so you know, getting through to Washington ESD by phone to ask about contractor eligibility is nearly impossible right now. I've been trying for weeks about my own situation. If you need to speak with someone quickly, I recently discovered this service called Claimyr (claimyr.com) that helps you get through to ESD agents. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Made a huge difference for me in getting answers about my complicated claim.

If you're having trouble getting through to Washington ESD to discuss your contractor situation, I found this service called Claimyr that helps people reach ESD agents by phone. They have a system that handles the calling for you - check out claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ. Might be worth it since contractor eligibility questions can be complex.

Hold up - are you sure you even want to go down this road? If Washington ESD decides you were misclassified, your former client could get in trouble for not paying employment taxes on you. That might burn bridges if you ever want to work with them again in the future.

wait can you even file if youve never paid unemployment taxes? seems like you cant get benefits if you never paid in

ugh the whole contractor vs employee thing is such a mess in this state. I know people who've been fighting with ESD for months over this stuff. Good luck OP

The key factors Washington ESD looks at for worker classification include: 1) Behavioral control - does the company control how you do your work? 2) Financial control - do they control business aspects of your job? 3) Relationship type - are there employee benefits, permanency, etc? If your 'contractor' role looks more like employment, you might have a case.

This whole contractor vs employee thing is so confusing! Companies seem to classify everyone as contractors to avoid paying benefits and taxes. It's not fair to workers who get treated like employees but don't get any of the protections.

One important note - even if you're determined to be eligible, your benefit amount will be based on wages that should have been reported. If your employer was supposed to be paying UI taxes on your wages but wasn't, there might be complications with establishing your base period wages.

Here's what you need to know about the process: 1) File your claim online through SecureAccess Washington (SAW), 2) Be honest about your contractor status, 3) Provide all documentation about your work relationship, 4) Wait for the adjudication decision. During adjudication, they'll contact both you and your former client to gather information.

Another thing to consider - even if you qualify, your benefit amount will be based on your reported income. Since contractors often underreport to minimize taxes, your weekly benefit might be lower than you expect.

def apply anyway, worst they can do is say no and you're in the same spot you are now

Just make sure you have all your documentation ready when you apply - contracts, payment records, anything showing the nature of your work relationship. The more evidence you have, the better your chances if they need to make a classification determination.

This is exactly why I tell all my contractor friends to save up an emergency fund. The unemployment system wasn't really designed for gig workers and contractors, even though they're trying to adapt it.

Since you'll probably need to speak with someone at Washington ESD about the classification issue, definitely consider using that Claimyr service I mentioned earlier. These types of cases often require back-and-forth communication with ESD agents and it's nearly impossible to get through on your own.

I work in HR and see this misclassification issue all the time. Companies love calling people contractors to avoid payroll taxes but then treat them exactly like employees. If you had set hours, used company equipment, and couldn't work for competitors, you were probably misclassified.

been there done that with the contractor runaround. took me 3 months to get washington esd to review my case but they eventually ruled i was misclassified. got backpay for the whole time too

The IRS and Department of Labor have been cracking down on worker misclassification lately too. If Washington ESD determines you were misclassified, your former clients might face penalties for not properly classifying workers.

Here's the process: Apply for benefits online through your Washington ESD account. If they initially deny you based on contractor status, you can appeal and request a classification review. Make sure to mention specific factors that indicate you were actually an employee.

Whatever you do don't let them brush you off if you call. I had a Washington ESD rep tell me contractors couldn't get benefits period but that's not true if you were misclassified. Sometimes you have to be persistent.

Thanks everyone for all the helpful information! I'm going to gather up all my documentation and apply. Even if it takes a while to sort out the classification issue, it sounds like it's worth pursuing. I'll definitely look into that Claimyr service too since I'll probably need to talk to Washington ESD multiple times about this.

One more thing - if you do get approved based on misclassification, make sure to file your weekly claims on time even during the review period. You don't want to miss out on benefits because of filing deadlines.

The whole unemployment system is so complicated for contractors. Seems like they could make the rules clearer instead of having to go through all this classification stuff.

UPDATE: I just went through this process last month and got approved! Took about 5 weeks total but Washington ESD ruled I was misclassified. The key was showing that my 'client' controlled when, where, and how I did my work. Don't give up if they initially deny you.

honestly the gig economy has made this so much worse, companies just call everyone contractors now to avoid paying benefits

One more thing about getting help with this - when I used Claimyr to talk to an ESD agent about my contractor situation, they were able to explain exactly what documentation I needed and walk me through the process. Sometimes having that direct conversation makes all the difference in understanding what ESD is looking for.

Filed as contractor 2 months ago, still waiting on decision. The adjudication process is slow right now. Just prepare yourself for a wait.

For what it's worth, Washington state has been more aggressive about going after companies that misclassify workers lately. If you have a legitimate case, you're actually helping other contractors who might be in similar situations with the same client.

Just make sure you keep filing your weekly claims even during adjudication if you do file. I made the mistake of not doing that and lost out on benefits for those weeks.

Has anyone here had their contractor claim denied? What happened then?

The whole system is broken if you ask me. Contractors pay into the system through their taxes but then have to fight to get benefits. Makes no sense.

OP - one piece of advice, document EVERYTHING about your work relationship now while it's fresh in your memory. Emails, contracts, how they communicated with you, what equipment you used, whether you could work for other clients, etc. All of that matters for the determination.

Been through this twice with different clients. First time denied, second time approved. It really depends on the specific facts of your working relationship. Don't get discouraged if it doesn't go your way initially.

One last thing - if you do decide to file and need to reach ESD during the process, that Claimyr service I mentioned earlier really came in handy. The adjudication process can be confusing and being able to actually speak with an agent to clarify things was huge for me. Way better than trying to figure it out from their website alone.

Good luck OP! The process is stressful but if you have a legitimate case it's worth pursuing. Just be prepared for it to take time and have backup income sources if possible.

Smart move. Worst case they say no and you're in the same position you're in now. Best case you get benefits you're entitled to. Keep us posted on how it goes!

Final reminder - when you file, make sure you have your Social Security number, driver's license, and all your income records for the past 18 months ready. The online application will ask for specific wage information from each client. Good luck!

I'm a newcomer to this discussion but wanted to share my experience - I successfully got unemployment benefits as a contractor in Washington state last year! The key was proving I was misclassified. My "client" required me to work specific hours, use their project management software, and attend daily standups. Washington ESD took about 8 weeks to review my case but ultimately ruled I was an employee, not a true contractor. The documentation you gather about control over your work methods and schedule will be crucial. Don't let the complexity discourage you - if you were treated like an employee, you deserve employee protections including unemployment benefits.

I'm new to this community but going through a similar situation right now! I was working as a "contractor" for a tech company for over a year, but they controlled everything - my schedule, required me to use their equipment, and even had me sign a non-compete agreement. After reading through all these responses, I'm definitely going to file for unemployment benefits. It sounds like Washington ESD really does investigate these cases thoroughly. Thanks to everyone who shared their experiences - it's giving me hope that I might actually qualify even though I was getting 1099s. The documentation advice is especially helpful since I saved all my emails showing how they micromanaged my work.

I'm new to this community but wanted to add my perspective as someone who just went through this process successfully! I was working as a "freelance" marketing coordinator for 14 months but my client controlled my work hours (9-5 M-F), provided all the software and equipment I used, and required me to attend weekly team meetings and submit daily reports. When the contract ended, I was hesitant to file for unemployment because I'd been receiving 1099s, but after reading about worker misclassification I decided to try. Washington ESD took about 7 weeks to review my case and ultimately determined I was misclassified as a contractor when I should have been an employee. The key evidence was showing how much control they had over my work methods and schedule. I got approved for benefits plus backpay for the review period. My advice is definitely file if your situation sounds similar - the worst they can do is say no, but you might be surprised by the outcome!

I'm new here but wanted to share what I learned from my recent experience with this exact situation! I was working as a "contractor" doing social media management for a local business for about 10 months. They set my hours (had to be available 8am-6pm), required me to use their scheduling software, and made me attend weekly strategy meetings. When they ended my contract last month, I was really hesitant to apply for unemployment since I'd been getting 1099s. But after researching Washington's worker classification rules, I decided to file anyway. It took about 6 weeks, but ESD determined I was misclassified and approved my benefits! The key was documenting how they controlled not just what I did, but how and when I did it. I submitted screenshots of their work requirement emails, my contract showing the set schedule, and evidence that I couldn't work for their competitors. If your client treated you more like an employee than a true independent contractor, it's definitely worth applying. The process was stressful but getting those benefits made such a difference during my job search.

I'm new to this community but wanted to share my experience since I just went through this exact situation! I was working as a "freelance" graphic designer for a marketing agency for about 16 months, but looking back, I was definitely misclassified. They required me to work from their office 3 days a week, use their Adobe Creative Suite license, follow their brand guidelines exactly, and attend weekly client meetings. When my contract ended in March, I was really unsure about filing for unemployment since I'd been getting 1099s the whole time. But after reading Washington's worker classification guidelines, I realized I had a strong case for misclassification. I filed my claim and provided documentation showing their control over my work location, tools, and methods. It took about 9 weeks for Washington ESD to make their determination, but they ruled in my favor! They said the level of control the agency had over my work clearly indicated an employer-employee relationship rather than true independent contracting. I received benefits plus backpay for the entire review period. My advice is definitely file if you think you were misclassified - the documentation requirements aren't too overwhelming if you keep good records, and the financial relief during job searching is huge. Don't let the 1099s discourage you from applying if the work relationship felt more like being an employee.

I'm new to this community but currently dealing with a very similar situation! I've been working as a "freelance" web developer for a software company for the past 14 months, but after reading through all these responses, I'm realizing I was probably misclassified. They required me to work specific hours (10am-6pm), use their development environment and project management tools, attend daily standups and sprint planning meetings, and I even had to get approval for any time off. I was getting 1099s but honestly the work relationship felt exactly like being an employee. Seeing all these success stories is really encouraging - I had no idea Washington ESD would actually investigate misclassification cases this thoroughly. I'm definitely going to gather up all my contracts, emails showing their control over my schedule and work methods, and evidence of the required meetings, then file a claim. The fact that so many people have been approved even after initially receiving 1099s gives me hope. Thanks to everyone who shared their experiences - this thread has been incredibly helpful in understanding that I might actually have options even though I thought contractors were automatically excluded from unemployment benefits!

As someone new to this community, I wanted to share that I just successfully navigated this exact situation! I was working as a "freelance" content writer for a digital marketing firm for about 13 months, but they controlled almost everything about how I worked - required me to be online during specific hours for client calls, use their content management system and style guides, attend weekly team meetings, and even submit timesheets. When they terminated my contract last month, I was initially discouraged because I'd been receiving 1099s the entire time. But after reading Washington's ABC test guidelines and seeing success stories like the ones shared here, I decided to file anyway. It took Washington ESD about 7 weeks to review my case, but they ultimately determined I was misclassified as an independent contractor when I should have been classified as an employee. The key evidence was demonstrating their behavioral and financial control over my work - the required hours, mandatory use of their systems, detailed work instructions, and lack of ability to work for competitors. I received full unemployment benefits plus backpay for the review period. My advice is definitely file if your work situation involved significant client control over when, where, and how you performed your duties. Don't let the 1099 classification discourage you - Washington ESD looks at the actual working relationship, not just the paperwork!

I'm new to this community and wanted to share my recent experience since it might help others in similar situations! I was working as a "freelance" UX designer for a tech startup for 15 months, but after reading through all these responses, I realize I was almost certainly misclassified. They required me to work from their office 4 days a week, use their Figma and Slack accounts, attend daily design critiques and weekly all-hands meetings, and I even had to request PTO through their HR system despite being classified as a contractor. When my contract ended two weeks ago, I was hesitant to file for unemployment since I'd been getting 1099s, but seeing all these success stories has given me confidence to move forward. The level of control they had over my schedule, tools, and work methods clearly crosses the line into employee territory. I'm gathering up all my emails showing their requirements, my contract with the office attendance clause, and screenshots of their internal systems I was required to use. Based on everyone's experiences here, it sounds like Washington ESD really does investigate these cases fairly. Thanks to everyone who shared their stories - this thread has been invaluable in helping me understand that 1099 classification doesn't automatically disqualify you if the actual working relationship was more like employment!

I'm new to this community but wanted to add my perspective after successfully navigating this process! I worked as a "freelance" data analyst for a consulting firm for 11 months, but they required me to work their standard business hours, use their proprietary analysis software, attend mandatory client presentations, and even complete their internal training modules. Despite getting 1099s, the working relationship was clearly more like employment. When my contract ended, I filed for unemployment benefits and Washington ESD took about 6 weeks to review my case. They ultimately ruled I was misclassified and approved my claim! The key was documenting their control over my work methods - I submitted emails showing required hours, training completion certificates, and meeting schedules that proved I wasn't operating as a true independent contractor. Don't let the 1099 classification discourage you from filing if your client controlled when, where, and how you worked. Washington ESD really does look at the substance of the working relationship rather than just the paperwork. The financial relief during job searching made the wait completely worth it!

I'm new to this community but wanted to share my experience as someone who just went through this process! I was working as a "freelance" video editor for a media company for about 8 months, but they controlled nearly every aspect of my work - required me to be in their office during specific hours, use their Adobe Premiere licenses and file servers, attend weekly creative reviews, and even had me sign timesheets. When they ended my contract last month, I was really unsure about filing for unemployment since I'd only ever gotten 1099s from them. But after reading Washington's worker classification guidelines and seeing all these success stories, I decided to apply anyway. It took Washington ESD about 8 weeks to make their determination, but they ruled that I was misclassified as a contractor when I should have been an employee! The documentation that really helped was showing their control over my schedule (emails requiring office hours), their equipment requirements, and evidence of the mandatory meetings and reviews. I ended up getting approved for benefits plus backpay for the entire review period. My advice to anyone in a similar situation is definitely file - the 1099s don't tell the whole story if your working relationship looked and felt like employment. Washington ESD really does investigate thoroughly and fairly!