Can you get unemployment as a contractor in Washington state?

Generally speaking, independent contractors don't qualify for regular unemployment benefits in Washington because they're not considered employees. Washington ESD looks at whether you had wages withheld and unemployment taxes paid on your behalf. As a contractor, you likely received 1099s instead of W-2s.

The key thing Washington ESD looks at is the employer-employee relationship. If you were truly an independent contractor - setting your own hours, using your own equipment, having multiple clients - then no, you won't qualify for unemployment benefits. However, if you were misclassified and should have been treated as an employee, you might have a case.

I had a similar situation last year. I was doing marketing consulting and thought I might qualify because my client treated me almost like an employee. I tried calling Washington ESD but couldn't get through for weeks. Finally used claimyr.com to get connected to an actual agent who explained the contractor rules to me. Turns out I didn't qualify, but at least I got a clear answer. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

wait so if you're a contractor you can't get any unemployment at all? that seems unfair since we pay taxes too

There might be some exceptions depending on your specific situation. Washington ESD sometimes reclassifies workers who were incorrectly labeled as contractors. You'd need to provide documentation showing you were essentially functioning as an employee - like if they controlled your schedule, provided training, or restricted you from working for others.

I'm going through this exact same thing right now! Filed my claim three weeks ago and Washington ESD is doing an adjudication to determine if I was really a contractor or should have been classified as an employee. Still waiting to hear back.

The whole contractor vs employee thing is so confusing. I work for a company that calls everyone contractors but we all work the same hours and use their equipment. Sounds like half the 'contractors' out there should actually be employees.

Update: I decided to go ahead and file a claim. Figure it's worth letting Washington ESD make the determination rather than assuming I don't qualify. Worst case they say no, but if I was misclassified I might get benefits.

been there done that, applied as a contractor and got denied. took forever to get an answer too. the system isn't set up for people like us

Just want to mention again that claimyr really helped me get through to Washington ESD when I was dealing with my contractor classification question. Their agents were able to explain exactly what documentation I needed and what the process would look like. Saved me a lot of time and confusion.

For what it's worth, I know someone who successfully got unemployment after being reclassified from contractor to employee. It took months of back and forth with Washington ESD but they eventually got approved and even received back pay.

One thing to keep in mind is that even if you're reclassified as an employee, you'll still need to meet all the other unemployment eligibility requirements - like actively seeking work and being able and available for work.

this whole thing is why i hate the gig economy. companies get all the benefits of having employees without any of the responsibilities

The key factors Washington ESD looks at for worker classification include: who controls how the work is performed, who provides tools and equipment, whether the work is integral to the business, and the permanency of the relationship. If multiple factors point toward employee status, you have a good chance of being reclassified.

Just a heads up that if you do get reclassified, your former client might owe back taxes and penalties to Washington ESD. They probably won't be happy about that.

I tried calling Washington ESD about contractor classification issues and could never get through. Finally used that claimyr service someone mentioned earlier. Actually got to talk to a real person who walked me through the whole process. Worth checking out if you're stuck in phone hell like I was.

Update on my adjudication - finally heard back from Washington ESD after 5 weeks. They determined I was correctly classified as a contractor so no benefits for me. At least I have closure now.

honestly the whole unemployment system needs to be updated for the modern economy. too many people fall through the cracks

Thanks everyone for all the advice and information. I'm going to proceed with my claim and see what happens. Even if I don't qualify, at least I'll know for sure. Appreciate all the help!

I went through a similar situation about 6 months ago as a graphic designer. Washington ESD's determination really comes down to the specific details of your working relationship. The non-compete agreement you mentioned is actually a strong indicator that you might have been misclassified - true independent contractors typically shouldn't be restricted from working with competitors. Also, if they provided training specific to their processes (not just general industry training), that's another factor in your favor. Document everything you can find - emails where they directed your work methods, any company policies you had to follow, whether you had set work hours, etc. The adjudication process took about 6 weeks for me, but I was ultimately approved after they determined I was functioning more like an employee than a contractor.