Can independent contractors get unemployment benefits in Washington state?

I definitely worked my own hours and used my own computer/software. Pretty sure I was correctly classified as a contractor.

The misclassification thing is tricky. Even if you thought you were properly classified, Washington ESD might determine otherwise during the investigation process.

I did have a part-time W-2 job about 18 months ago but it wasn't much. Maybe $8,000 total over 6 months.

That might be enough depending on when exactly you worked. Washington ESD looks at wages from specific quarters in your base period. You should definitely apply and let them calculate it.

I had the same problem trying to reach someone at Washington ESD about my contractor status. I ended up using Claimyr.com to get through to an actual agent. They have this system that handles the calling for you and there's a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Finally got to talk to someone who could explain my options.

Never heard of that but honestly anything is better than spending my whole day on hold. Did they charge you a lot?

It was worth it to actually get answers instead of wasting hours calling myself. The agent was able to look at my work history and explain exactly why I didn't qualify.

This is actually good advice. Washington ESD eligibility can be complex and there are edge cases that aren't immediately obvious.

Exactly! I thought I wasn't eligible because of my work situation but turned out I qualified based on wages from a different job I'd forgotten about.

Yes, that's possible. Washington ESD looks at ALL wages in your base period, not just your most recent work. If you have sufficient W-2 wages during the right timeframe, your 1099 income doesn't disqualify you.

This is news to me. I wish someone had told me this years ago when I lost my biggest client.

Same here! I had no idea the W-2 wages could still count.

Oh wow, I didn't know that. I was planning to just look for more design contracts. So I'd have to apply for regular jobs too?

Typically yes. You need to show you're available for and seeking work as an employee, not just contract work. This trips up a lot of freelancers.

That seems backwards. If someone's been contracting successfully, why force them to look for employee work?

I know someone who got approved but it was because Washington ESD determined they were misclassified. The company was treating them like an employee but paying them as a contractor. It took months to sort out though.

The key is really in the details of your work relationship. If you can show you were economically dependent on one client, worked set hours, used their equipment, etc., you might have a case for misclassification.

That definitely sounds like you might have been misclassified as an independent contractor. The exclusivity clause and them providing tools are big red flags. You should look into filing for unemployment and let Washington ESD investigate.

How do I even start that process? Do I just file a regular claim and explain the situation?

Yes, file a regular claim and be honest about your work situation. Washington ESD will investigate and make a determination about your classification. Keep all documentation about your work relationship.

That's encouraging! So they counted wages from way back?

They look at wages from up to 18 months ago depending on when you file. My base period included wages from a job I'd almost forgotten about. The Claimyr service was a lifesaver for getting through to an agent who could walk me through the calculation.

How does that Claimyr thing work? I'm tired of calling Washington ESD and getting nowhere.

That's frustrating but at least you know for sure. Better to try and get a definitive answer than wonder.

Yeah, I'm going to file anyway. Even if it's a long shot, I need to know one way or the other.

I had one main client that was about 80% of my income and a few smaller ones. Does that matter?

It might. Heavy dependence on one client can sometimes support a misclassification argument, especially if they controlled how you did the work.

The economic reality test is what they use. If you were economically dependent on one client, that can indicate an employer-employee relationship even with a 1099.

Definitely planning to be completely honest. Just want to make sure I understand what I'm eligible for before I apply.

Good approach. Honesty is always the best policy with unemployment claims. They have ways of verifying everything anyway.

Thanks everyone for all the advice. I'm going to gather my wage information and file a claim. Even if it's denied, at least I'll have tried.

That's the right attitude. You might be surprised by the outcome. Good luck!

Hope it works out for you. Keep us posted on what happens!

This is really helpful information about the base period timing! I had no idea they look back that far. So if I had that part-time W-2 job 18 months ago, it could still count toward my base period even though I've been freelancing since then? That gives me more hope that I might actually qualify. I'll definitely gather all my wage statements like you suggested before filing.

Yes, exactly! The base period can include wages from up to 18 months ago depending on when you file. Washington ESD uses specific quarters to calculate eligibility, so that W-2 income from your part-time job could definitely still count. I was in a similar situation where I'd forgotten about a seasonal job from over a year ago, but those wages ended up being what qualified me for benefits. The key is that they look at your highest earning quarters during the base period, not just your most recent work. Definitely worth applying with all your documentation ready.

This is exactly the kind of detailed information I needed! I had no idea about the base period looking back 12-18 months. That $8,000 I made from my part-time W-2 job might actually matter then. I'm definitely going to dig up all my old pay stubs and tax documents before I file. The part about reporting contract income while collecting benefits is also good to know - I was worried that any freelance work would completely disqualify me. Thanks for sharing your experience, it's really encouraging to hear from someone who actually went through this process successfully.

This is super helpful - I wish I had known about the base period timing earlier! I'm the original poster and I'm definitely going to file now after reading all these responses. That part-time job I had 18 months ago for $8,000 might actually help me qualify. One question though - when you say I need to report contract income while collecting benefits, does that mean if I pick up a small freelance project I have to report it even if it's just a few hundred dollars? And do you know if there's a limit to how much contract work I can do before it affects my benefits?