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Diego Flores

Can you get unemployment if you are a contractor in Washington state?

I've been working as an independent contractor for the past 2 years doing freelance graphic design work. My main client just ended our contract and I'm wondering if I can file for unemployment benefits through Washington ESD? I know contractors are usually different from employees but wasn't sure if there are exceptions. Has anyone been in this situation before?

Generally independent contractors can't collect regular UI benefits in Washington because you haven't been paying into the unemployment system through payroll taxes. However, there might be some exceptions depending on how you were classified.

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Diego Flores

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That's what I was afraid of. Do you know what kind of exceptions there might be?

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If you were misclassified as an independent contractor when you should have been an employee, you might have a case. Washington ESD can investigate worker classification issues.

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Sean Flanagan

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I was in a similar situation last year. Washington ESD told me that true independent contractors don't qualify for regular unemployment benefits. You'd need to have been an employee with taxes withheld from your paychecks.

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Diego Flores

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Did you end up finding any other options for financial assistance?

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Sean Flanagan

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I looked into some small business assistance programs but nothing that replaced unemployment income. Had to hustle for new clients pretty quickly.

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Zara Mirza

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The key question is whether you were properly classified as an independent contractor. Washington has specific tests for this - like whether you controlled how the work was done, used your own tools/equipment, had opportunity for profit/loss, etc. If you think you were misclassified, you can file a claim and let Washington ESD investigate.

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Diego Flores

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Interesting, I did use their software and had to follow pretty specific guidelines for all my design work. Maybe I should look into this more.

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NebulaNinja

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Yeah definitely worth checking out! Worker misclassification is a real issue and companies sometimes do it to avoid paying payroll taxes.

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Luca Russo

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If you're having trouble getting through to Washington ESD to ask about your specific situation, I used a service called Claimyr that helped me connect with an actual agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Really helped when I couldn't get through on my own.

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Diego Flores

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Thanks! I've been trying to call Washington ESD but keep getting busy signals. I'll check that out.

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Nia Wilson

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Never heard of that service before but sounds useful if you can't get through to Washington ESD directly.

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Mateo Sanchez

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wait, i thought contractors could never get unemployment?? this is confusing

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Zara Mirza

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It's not black and white. True independent contractors can't, but if someone was misclassified as a contractor when they should have been an employee, they might be eligible.

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Mateo Sanchez

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oh ok that makes more sense. so it depends on the specific situation

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Another thing to consider - even if you were properly classified as an independent contractor, you might want to look into whether you had any W-2 employment in the past 18 months. Washington ESD looks at your base year earnings from all covered employment.

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Diego Flores

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I did have a part-time W-2 job about 6 months ago that lasted for 3 months. Would that help?

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Possibly! You'd need to meet the minimum earnings requirements from that W-2 work, but it's worth filing a claim to find out.

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Aisha Mahmood

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Yeah definitely file if you had any W-2 income recently. The worst they can do is say no.

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Ethan Clark

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I'm dealing with something similar right now. Been doing 1099 work for a marketing company for over a year but they controlled my schedule, provided all the tools, and I couldn't work for competitors. Sounds like employee stuff to me!

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Zara Mirza

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Those are definitely red flags for misclassification. You should file a claim and let Washington ESD make the determination.

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Diego Flores

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Your situation sounds even more like an employee relationship than mine. Definitely worth pursuing!

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AstroAce

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The Washington State Department of Labor & Industries also has resources about worker classification if you want to understand the rules better before you contact Washington ESD.

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Diego Flores

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Good point, I should probably research this more before I call. Thanks for the tip!

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this whole contractor vs employee thing is so confusing. companies just classify everyone as contractors these days to save money

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NebulaNinja

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That's exactly why these classification rules exist - to prevent companies from misclassifying workers to avoid paying into unemployment insurance and other benefits.

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makes sense, just wish it was easier to figure out

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Carmen Vega

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Had a friend who was told she was a contractor but Washington ESD determined she was actually an employee after she filed a claim. Took a few weeks for the investigation but she ended up getting benefits.

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Diego Flores

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That's encouraging! Do you know what kind of documentation she needed to provide?

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Carmen Vega

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I think she had to show her work agreements, emails about how the work was supposed to be done, stuff like that. Washington ESD asked for various documents during their investigation.

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Even if you can't get regular unemployment, you might be eligible for other assistance programs while you look for new clients. Food assistance, utility help, etc.

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Diego Flores

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True, I should look into what else might be available. Every little bit helps right now.

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Zoe Stavros

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I was skeptical about using third-party services to contact Washington ESD, but honestly Claimyr worked great when I needed to get clarification on my claim status. Sometimes you just need to talk to a real person and the regular phone lines are impossible.

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Diego Flores

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Yeah I'm definitely going to try that if I can't get through normally. Seems like a lot of people have had good experiences with it.

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Jamal Harris

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Don't forget that if you do qualify for benefits, you'll need to meet the job search requirements. That might be tricky as a contractor/freelancer since you're not exactly applying for traditional jobs.

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Zara Mirza

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Good point. Washington ESD does have provisions for self-employed people in their job search requirements, but it's something to ask about when you file.

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Diego Flores

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I hadn't even thought about that aspect yet. Thanks for bringing it up!

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GalaxyGlider

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Bottom line is you should probably just file a claim and let Washington ESD sort it out. If you were misclassified or had other covered employment, you might be surprised.

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Diego Flores

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You're right, I think I'm overthinking this. I'll just file and see what happens.

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Mei Wong

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Exactly! The application process will help clarify your situation better than trying to figure it all out beforehand.

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Liam Sullivan

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Make sure you keep all your documentation from the contractor work - contracts, 1099s, emails, anything that shows the nature of your work relationship. You might need it if Washington ESD investigates the classification.

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Diego Flores

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Good advice, I'll start gathering everything together. Better to have too much documentation than not enough!

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Amara Okafor

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Update us on how it goes! I'm sure other contractors would be interested to hear about your experience with Washington ESD.

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Diego Flores

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Will do! Thanks everyone for all the helpful advice. I feel much more informed about my options now.

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Yeah please keep us posted! This thread has been really informative.

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Freya Nielsen

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I went through something similar when I lost my main freelance writing contract last year. Even though I was classified as an independent contractor, it turned out I had enough W-2 earnings from a previous job within my base period to qualify for benefits. The key is that Washington ESD looks at ALL your covered employment history, not just your most recent work. Definitely worth filing a claim - the worst they can say is no, but you might be pleasantly surprised. The online application will walk you through all the eligibility requirements and help determine if you qualify based on your work history.

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