Can you collect Washington ESD unemployment if you are a 1099 employee in 2023?

That's what I was afraid of. Are there any other options for independent contractors like me?

this is so unfair! contractors pay taxes too but get no safety net

How would I go about proving misclassification? My client did set my schedule and I worked exclusively for them.

Look at the Washington State Department of Labor's worker classification test. If they controlled your work methods, provided equipment, set your schedule, and you didn't work for other clients, you might have a case.

I had the same problem trying to reach Washington ESD! I actually found this service called Claimyr (claimyr.com) that helps you get through to ESD agents by phone. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Saved me so much time and frustration.

Really? How does it work exactly? I'm desperate at this point.

Basically they handle the calling process for you and connect you when they reach an agent. Way better than spending hours on hold yourself.

Yes! If you had W-2 employment where unemployment taxes were paid, you can file a claim based on those wages. Your 1099 income wouldn't count toward your benefit calculation, but your W-2 wages would.

That's good to know. I worked W-2 for about 6 months before going freelance.

Good point, I hadn't thought about other programs. This whole situation is overwhelming.

This describes my situation exactly. They provided my computer, set my hours, and I couldn't work for anyone else per our agreement.

Sounds like classic misclassification to me. A lot of companies do this to avoid paying employment taxes.

If that's the case, you should definitely file a worker classification determination request with Washington ESD. It might take time but could open up your eligibility for benefits.

exactly! they want us to be available like employees but treat us like disposable contractors

There's been talk about changing these laws but nothing concrete yet.

That's encouraging! How long did the whole process take with their help?

The actual call connection took about 20 minutes instead of me sitting on hold for hours. The ESD agent walked me through filing a determination request.

What exactly is the base period? I keep seeing that term mentioned.

The base period is the first four of the last five completed calendar quarters before you file your claim. So if you file in December 2023, your base period would be July 2022 through June 2023.

Should I be worried about retaliation from my former client if I pursue this?

They can't legally retaliate, but if you're hoping to work with them again in the future, it might complicate things.

Months?? I was hoping this would be resolved quickly. I can't wait that long for income.

Washington State has some emergency assistance programs through DSHS that might help bridge the gap while you're waiting.

What kind of documentation did you need? I want to start gathering everything now.

Contracts, email communications showing they controlled my work, evidence of set schedules, proof they provided equipment, anything showing you were treated like an employee.

did you get back pay for the whole period?

Yes, once approved I got retroactive benefits back to my original filing date. But it was a long wait.

I hadn't heard of that program. Does Washington ESD offer it?

I'm not sure if Washington specifically has SEA, but it's worth asking about when you speak with an ESD representative.

Is there a cost for using their service?

There is a fee but honestly it was worth it to avoid the endless hold times and busy signals. Check their website for current pricing.

Good luck! Make sure to keep detailed records of everything you submit and all communications with ESD.

Definitely consider using Claimyr if you need to speak with someone at ESD. Made a huge difference for me.

keep us posted on how it goes! this info could help other contractors in similar situations