Can you get Washington ESD unemployment from a contract job - confused about eligibility
I just finished a 8-month contract position doing IT support and I'm wondering if I can file for unemployment benefits with Washington ESD? The contract ended last week and I'm not sure if contractors are eligible. I was paid as a 1099 contractor, not W2. Has anyone been in this situation before? I really need to know if I should even bother applying or if it's just going to get rejected.
49 comments


Aliyah Debovski
Unfortunately, if you were classified as a 1099 independent contractor, you typically won't be eligible for regular unemployment benefits through Washington ESD. UI benefits are funded by employer payroll taxes, and contractors don't have those taxes withheld. However, there are some exceptions depending on how the work relationship was structured.
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Ally Tailer
•That's what I was afraid of. The company treated me like an employee in many ways though - I had to work their schedule, use their equipment, follow their processes. Does that matter?
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Aliyah Debovski
•That could actually matter a lot! If you were misclassified as a contractor when you should have been an employee, Washington ESD might determine you're eligible. You'd need to file a claim and let them investigate the work relationship.
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Miranda Singer
I went through this exact situation last year. Filed anyway and Washington ESD did an investigation into whether I was properly classified. Took about 6 weeks but they determined I was misclassified and approved my benefits. The key factors were that I worked set hours, used company equipment, and they controlled how I did my work.
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Ally Tailer
•This gives me hope! How did you document everything for the investigation? Did you need to provide contracts or emails?
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Miranda Singer
•I kept copies of emails showing they set my schedule, photos of the company equipment I used, and my original contract. Also wrote down specific examples of how they controlled my work methods.
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Cass Green
Before you file, you might want to try reaching out to Washington ESD directly to discuss your situation. I know their phone lines are usually swamped, but I recently discovered this service called Claimyr (claimyr.com) that helps you get through to actual ESD agents. They have a video demo at https://youtu.be/7DieNd3C7zQ showing how it works. Might be worth getting clarification before you submit a claim.
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Ally Tailer
•Thanks for the suggestion! I've been dreading trying to call Washington ESD because I know how hard it is to get through. I'll check out that Claimyr thing.
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Finley Garrett
•I used Claimyr last month when I had questions about my adjudication status. Way better than sitting on hold for hours just to get disconnected.
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Madison Tipne
wait im confused... if you worked as a contractor why would you think you could get unemployment?? contractors are self employed, thats the whole point
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Aliyah Debovski
•It's not that simple. Many people are misclassified as contractors when they should legally be employees. Washington ESD looks at the actual work relationship, not just what the employer calls it.
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Madison Tipne
•oh i didnt know that was a thing. so the government can override what the company says?
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Aliyah Debovski
To answer your original question more completely - you should definitely file a claim. Even if you were properly classified as a contractor, the worst that happens is Washington ESD denies it. But if you were misclassified, you could be entitled to benefits. The determination process looks at factors like: who controlled your work schedule, whether you used company tools/equipment, if you worked exclusively for one client, and how integrated you were into their business operations.
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Ally Tailer
•I definitely fit several of those criteria. I worked exclusively for them, used all their equipment, and had zero control over my schedule. Going to file tomorrow.
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Holly Lascelles
•Good luck! The process can take a while but it's worth pursuing if you think you were misclassified.
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Malia Ponder
This happened to my brother in law. He worked as a "contractor" for a construction company for over a year but they treated him exactly like an employee. Washington ESD approved his claim after they investigated. The company even had to pay back taxes because of the misclassification.
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Ally Tailer
•Wow, so there can be consequences for the employer too? That's interesting.
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Malia Ponder
•Yeah, if they determine misclassification, the employer has to pay back the unemployment taxes they should have been paying all along. It's a big deal.
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Kyle Wallace
I work in HR and see this issue a lot. Companies sometimes classify workers as contractors to avoid paying payroll taxes and benefits, but that doesn't make it legal. The IRS and Washington ESD have specific tests to determine true employment status. File your claim - worst case they say no, best case you get benefits you're entitled to.
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Ally Tailer
•Thanks for the professional perspective! That makes me feel more confident about filing.
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Ryder Ross
•What are the main red flags that suggest someone was misclassified?
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Kyle Wallace
•Key signs: working set hours, using company equipment, having work methods controlled by the employer, working exclusively for one client, being integrated into the company's regular business operations, and lack of opportunity for profit/loss.
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Gianni Serpent
ugh the whole contractor vs employee thing is so confusing. my last job called me a contractor but i basically worked like everyone else there. never thought to question it until now
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Aliyah Debovski
•It's very common! A lot of people don't realize they might have been misclassified. If you're between jobs now, it might be worth looking into.
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Gianni Serpent
•yeah maybe i should. the job ended 2 months ago though, is it too late to file?
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Aliyah Debovski
•You generally need to file within a certain timeframe, but 2 months isn't necessarily too late. Check with Washington ESD about backdating your claim.
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Henry Delgado
Just want to add that even if you were properly classified as a contractor, you might still have options. Some states have programs for gig workers and contractors, though I'm not sure about Washington specifically. Worth asking when you contact ESD.
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Ally Tailer
•Good point, I'll ask about any alternative programs when I call.
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Olivia Kay
•Washington did have some pandemic programs for contractors but I think those ended. Regular UI is probably the only option now unless you were misclassified.
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Joshua Hellan
File the claim for sure. I was in a similar boat - worked as a 1099 marketing consultant but they micromanaged everything I did, set my hours, made me work from their office. Washington ESD took about 2 months to investigate but ultimately approved my benefits. The key is documenting how much control they had over your work.
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Ally Tailer
•Two months seems like a long time to wait, but I guess it's worth it if I'm entitled to benefits.
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Joshua Hellan
•It felt like forever while I was waiting, but the backpay once approved covered the whole period. Just make sure to keep filing your weekly claims even during the investigation.
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Jibriel Kohn
honestly just file and see what happens. washington esd has gotten pretty good at investigating these misclassification cases. they know companies try to game the system
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Edison Estevez
•Exactly! Nothing to lose and potentially benefits to gain.
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Ally Tailer
•That's the conclusion I'm coming to. Thanks everyone for all the advice!
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Emily Nguyen-Smith
One more thing - when you file, be very detailed about your work situation in the application. Don't just say you were a contractor. Explain specifically how the company controlled your work, what equipment you used, your schedule, etc. The more detail you provide upfront, the better.
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Ally Tailer
•Great tip! I'll make sure to be thorough in describing the actual working relationship rather than just the title they gave me.
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James Johnson
•Yeah, and keep copies of everything you submit. You might need to reference it later during the investigation process.
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Sophia Rodriguez
This thread has been super helpful! I had no idea contractor misclassification was such a common issue. Going to look into my own situation from a job I had last year.
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Aliyah Debovski
•Glad this discussion was useful! Misclassification is unfortunately very common, especially in certain industries like tech, construction, and delivery services.
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Mia Green
•Same here! Never occurred to me that my "contract" position might have actually been regular employment.
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Cass Green
Update for anyone following this thread - if you do need to contact Washington ESD about misclassification or any other complex issues, I can't recommend Claimyr enough. Used them again yesterday to check on a different claim issue and got through to an agent in under 10 minutes instead of spending my whole day on hold.
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Ally Tailer
•I actually tried Claimyr after your first suggestion and it worked great! Finally got to talk to someone who could explain the investigation process in detail.
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Emma Bianchi
•How much does something like that cost? Might be worth it if it saves hours of calling.
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Cass Green
•Much less than you'd think, especially compared to the time and frustration it saves. Check their site for current info.
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Lucas Kowalski
Final thought - even if your investigation takes a while, don't get discouraged. Washington ESD is pretty thorough about these determinations and if you were truly misclassified, they'll figure it out. The system actually works when you give it the chance.
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Ally Tailer
•Thanks for the encouragement! Filed my claim this morning and feeling optimistic about the process.
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Olivia Martinez
•Good luck! Hope it works out in your favor.
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Ally Tailer
•Thanks everyone! This thread gave me the confidence to pursue what I'm entitled to. Will update if anything interesting happens with my case.
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