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Amina Bah

Can subcontractors get unemployment benefits in Washington state?

I've been working as a 1099 subcontractor for the past 2 years doing electrical work and my main contract just ended unexpectedly. I'm wondering if I can file for unemployment benefits through Washington ESD? I know regular employees can get UI but I'm not sure about subcontractors since we don't have taxes withheld. Has anyone been in this situation before? I really need to know if it's worth applying or if I'll just get denied.

Oliver Becker

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Unfortunately, as a 1099 subcontractor you typically won't qualify for regular unemployment benefits in Washington. UI benefits are funded by employer payroll taxes, and since you weren't classified as an employee, no unemployment taxes were paid on your behalf. However, you might want to check if you qualify under any special circumstances - sometimes there are exceptions if you were misclassified.

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Amina Bah

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That's what I was afraid of. How would I know if I was misclassified? I did work exclusively for one company but they treated me as a contractor.

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Oliver Becker

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Look at the ABC test Washington uses - if you didn't have control over how you did the work, it was integral to their business, and you didn't have your own established business, you might have been misclassified as a contractor when you should have been an employee.

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CosmicCowboy

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I went through this exact situation last year. As a 1099 contractor, I couldn't get regular unemployment but I did apply anyway just to be sure. Washington ESD denied my claim within a week, but they were actually pretty helpful in explaining why. If you think you were misclassified, you can file an appeal and provide evidence that you should have been treated as an employee.

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Amina Bah

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Did you end up appealing? I'm trying to figure out if it's worth the hassle or if I should just focus on finding new contracts.

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CosmicCowboy

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I didn't appeal because I knew I was legitimately a contractor, but if you have doubts about your classification it might be worth it. The appeal process can take months though.

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Have you tried calling Washington ESD directly to ask about your specific situation? I know their phone lines are always busy, but I recently discovered this service called Claimyr (claimyr.com) that actually gets you through to real agents. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth checking out since contractor eligibility can be complicated and you'd get a definitive answer.

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Amina Bah

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I haven't tried calling yet because I assumed I'd be on hold forever. Is Claimyr legit? How does it work exactly?

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Yeah it's legitimate - basically they handle the calling and waiting for you, then connect you when they get through to an actual person. Saved me hours of trying to get through myself.

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Javier Cruz

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I've heard mixed things about those calling services. Are they expensive?

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Emma Thompson

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wait, I thought ALL workers could get unemployment now after covid? wasn't there something about gig workers and contractors being covered?

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Oliver Becker

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That was the Pandemic Unemployment Assistance (PUA) program, but it ended in 2021. Regular unemployment rules are back in effect now - only employees who had unemployment taxes paid on their behalf typically qualify.

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Emma Thompson

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oh damn, I didn't realize those programs ended. That sucks for contractors then.

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Malik Jackson

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This whole contractor vs employee thing is such BS. Half the 'contractors' I know should really be employees but companies just don't want to pay the taxes and benefits. The system is rigged against independent workers.

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Totally agree. I've been fighting this battle for years. Companies want all the control of having employees but none of the responsibility.

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CosmicCowboy

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While I understand the frustration, there are legitimate reasons for contractor classifications too. It's not always about companies trying to avoid taxes.

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StarSurfer

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OP, before you give up completely, make sure you understand the difference between being an independent contractor and being misclassified. If you were doing the same work as regular employees, working set hours, using their tools and equipment, and didn't have other clients, you might have a case for being an employee who was incorrectly classified.

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Amina Bah

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That actually describes my situation pretty well. I worked their schedule, used their tools, and they directed how I did the work. I just got paid on a 1099.

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StarSurfer

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Then you should definitely look into filing a claim and potentially appealing if denied. Document everything about how you worked - schedules, tools, supervision, training, etc.

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Ravi Malhotra

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I'm a contractor too and this thread is making me nervous about my own situation. If my contract ends, am I just screwed? No safety net at all?

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Oliver Becker

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As a legitimate contractor, you generally wouldn't qualify for unemployment, but you should be charging higher rates to account for the lack of benefits and job security. That's part of the trade-off.

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You might want to look into creating your own emergency fund or consider contractor insurance options. There are some policies that can help bridge income gaps.

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Omar Hassan

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Been doing 1099 work for 15 years and never expected to get unemployment. That's just part of being a contractor - you get more money per hour but less security. If you want unemployment benefits, get a W2 job.

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Easy to say but not everyone has that choice. Some industries are mostly contractor-based now.

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Omar Hassan

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True, but that's the reality. Contractors need to plan for gaps between jobs - it's part of the business model.

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Diego Chavez

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What about if you've had both W2 and 1099 work? I had a regular job last year but then switched to contracting. Would my previous W2 work count toward unemployment eligibility?

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Oliver Becker

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Yes, if you have sufficient W2 earnings in your base period (typically the first 4 of the last 5 completed quarters), you might qualify based on that employment, even if your most recent work was 1099.

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Diego Chavez

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That's good to know! So the 1099 work wouldn't disqualify me from benefits based on my previous W2 job?

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NeonNebula

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I tried calling Washington ESD about this exact question last month and spent 3 hours on hold before giving up. Their phone system is absolutely terrible. Ended up using that Claimyr service someone mentioned earlier and actually got through to speak with someone who could answer my contractor eligibility questions properly.

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Amina Bah

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What did they tell you about contractors? Did you end up qualifying?

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NeonNebula

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In my case, no, because I was clearly a legitimate independent contractor. But they walked me through the criteria and explained exactly why. Much better than guessing or getting wrong info online.

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this is why I always tell people to keep track of EVERYTHING when you're a contractor. invoices, emails about work direction, schedules, tools provided, training records. If you ever need to prove employee status, you'll need documentation.

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Amina Bah

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I wish I had thought of that earlier. I do have some emails and my invoices but didn't really keep detailed records of the day-to-day stuff.

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Sean Kelly

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It's not too late to start documenting what you remember. Write down everything you can recall about how the work relationship functioned.

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Zara Mirza

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The whole unemployment system needs to be updated for the modern economy. Too many people fall through the cracks because of outdated definitions of employment.

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Luca Russo

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Agreed, but until that happens we have to work within the current system. The rules are pretty clear even if they don't seem fair.

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Malik Jackson

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Don't hold your breath waiting for the system to change. It benefits employers too much to keep things as they are.

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Nia Harris

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OP, even if you don't qualify for unemployment, make sure to register with WorkSource Washington. They have resources for contractors and freelancers looking for work, plus some training programs that might help you transition to W2 employment if that's what you want.

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Amina Bah

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Thanks, I hadn't thought about WorkSource. Do they actually have good resources for contractors or is it mostly geared toward traditional employees?

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Nia Harris

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They have both. Some offices have specific programs for freelancers and entrepreneurs, plus general job search resources that apply to everyone.

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GalaxyGazer

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Just to add another perspective - I successfully got unemployment as someone who thought I was a contractor. Turned out the company had been misclassifying multiple workers. It took filing an appeal and providing evidence, but Washington ESD eventually agreed I should have been an employee. Don't assume you don't qualify without looking into it.

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Amina Bah

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How long did the appeal process take? And what kind of evidence did you need to provide?

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GalaxyGazer

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About 3 months total. I provided emails showing they controlled my schedule, photos of using their equipment, training materials they provided, and testimony from coworkers about how we were all treated the same as regular employees.

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Mateo Sanchez

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One thing to remember is that even if you get denied initially, you can still appeal. The worst that happens is they confirm you don't qualify, but if there's any chance you were misclassified, it's worth trying. Just make sure you have your facts straight before filing.

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Amina Bah

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Good point. I think I'm going to gather up whatever documentation I have and at least try filing a claim. If nothing else, it'll give me a definitive answer.

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Smart approach. And if you need to talk to someone at Washington ESD for clarification during the process, that Claimyr service I mentioned earlier really does work well for getting through their phone system.

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