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Alexander Zeus

Do contractors get unemployment benefits in Washington state?

I've been working as an independent contractor for the past 18 months doing 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 different from employees but I'm not sure how that affects UI eligibility. Has anyone been in this situation before?

Generally speaking, independent contractors aren't eligible for regular unemployment benefits in Washington because you haven't been paying into the UI system. Washington ESD requires you to have been an employee with wages reported by an employer to qualify for benefits.

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That's what I was afraid of. Is there any way around this or any other programs that might help contractors?

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There might be some exceptions depending on how your work was classified. If you were misclassified as a contractor when you should have been an employee, that could change things.

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wait so contractors never get unemployment? that seems unfair since we still lose income when work dries up

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Drake

It's because contractors don't pay unemployment taxes like employees do. You're essentially running your own business, so you're responsible for your own safety net.

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I guess that makes sense but it still sucks when you're struggling to find new clients

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I had a similar situation last year and couldn't get through to Washington ESD to get a clear answer about my work classification. If you're having trouble reaching them about this, I found a service called Claimyr that helps you actually talk to ESD agents. Check out claimyr.com - they have a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Thanks for the suggestion! I'll check that out. Did you end up qualifying for benefits?

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Turned out I was correctly classified as a contractor so no benefits, but at least I got a definitive answer instead of wondering.

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This is confusing because I thought during COVID contractors could get unemployment through PUA? What happened to that program?

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PUA (Pandemic Unemployment Assistance) ended in September 2021. That was a temporary federal program specifically for the pandemic. Regular Washington ESD unemployment doesn't cover contractors.

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Oh wow I had no idea it ended. So we're back to the old rules then.

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Drake

The key thing Washington ESD looks at is whether you had wages reported on a W-2 versus getting 1099s. If all your income was reported on 1099-NEC forms, you're almost certainly classified as a contractor and won't qualify for UI benefits.

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Yeah, all my income has been 1099s. Sounds like I'm out of luck then.

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You might want to look into whether you were properly classified though. Some companies misclassify employees as contractors to avoid paying taxes and benefits.

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I'm a contractor too and this is why I always try to have multiple clients. When one drops you, at least you still have some income coming in while you find replacements.

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That's good advice. I was too dependent on one major client. Lesson learned for next time.

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It's tough when you have a good steady client to turn down other work, but diversification really helps in situations like this.

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What about if you've done both contractor and employee work? Like if you had a part-time W-2 job while also doing contract work?

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If you have recent W-2 wages that meet Washington ESD's minimum requirements, you might qualify for benefits based on that employment. The contractor income wouldn't count toward your benefit calculation though.

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Good to know! I worked part-time at a coffee shop last year while building my freelance business.

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This whole contractor vs employee thing is so complicated. I've been doing the same work for the same company for 3 years but they insist I'm a contractor. Seems like I should be an employee at this point?

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Drake

That could be worker misclassification. Washington has specific criteria for determining if someone should be classified as an employee. You might want to file a complaint with the Department of Labor & Industries.

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I had no idea you could file a complaint about that. I'll look into it.

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Just went through this same thing when my contract ended in December. Washington ESD was pretty clear that contractor income doesn't qualify you for UI benefits. Had to figure out other options.

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What other options did you end up finding? I'm trying to figure out what to do while I look for new clients.

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I looked into SNAP benefits for food assistance and applied for some local emergency assistance programs. Also had to dip into savings unfortunately.

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If you really think you might have been misclassified, it's worth talking to Washington ESD about it. I used Claimyr again recently to get through to an agent about a different issue and they were able to explain the classification criteria clearly.

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I'm starting to think my situation was pretty clearly contractor work since I set my own hours and used my own equipment. But I'll still ask to be sure.

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Yeah those are definitely contractor indicators. Employee classification usually requires more control by the employer over how and when you work.

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ugh this is exactly why I'm scared to go freelance full time. No safety net when work disappears

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That's why it's important to save more aggressively as a contractor. I try to put away 30% of every payment for taxes and emergencies.

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30% seems like so much but I guess it makes sense if you don't have unemployment to fall back on

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For what it's worth, the worker classification rules in Washington are pretty strict. If the company controls when, where, and how you work, provides equipment, and you're doing work that's integral to their business, you should probably be classified as an employee.

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In my case I worked from home, set my own deadlines, and used my own computer and software. Sounds like legitimate contractor work.

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Yeah, that does sound like proper contractor classification. The line can be blurry sometimes but your situation seems clear cut.

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I'm an HR person and deal with this classification stuff all the time. The IRS has a 20-factor test, but Washington state has its own criteria that are sometimes different. When in doubt, it's worth getting an official determination.

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How do you get an official determination? Do you have to file some kind of form?

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You can request a coverage determination from Washington ESD. There's a form you fill out describing the work relationship and they'll make an official ruling.

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This happened to my brother last year. He was doing contractor work but thought he might qualify somehow. Turned out he didn't but he did find some local programs that helped with rent assistance while he looked for new work.

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That's a good point about local assistance programs. I should look into what's available in my area.

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211 is a good resource for finding local assistance programs. Just dial 2-1-1 and they can help you find what's available.

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Wait, I thought contractors could get unemployment if they incorporated as an LLC and paid themselves as an employee? Or is that just for taxes?

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That's more of a tax strategy. For unemployment purposes, if you own the LLC, you're generally considered self-employed and still wouldn't qualify for UI benefits in Washington.

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Ah okay, that makes sense. I was confusing tax benefits with unemployment eligibility.

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I've been following this thread because I'm thinking of going freelance but this is making me second-guess that decision. The lack of benefits is scary.

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It's definitely something to plan for, but don't let it scare you away completely. Just make sure you have a good emergency fund before making the leap.

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How much do you think is a good emergency fund for contractors? I've heard everything from 3 months to a year of expenses.

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This is why I always tell people to be really careful about contractor vs employee classification. Companies love to classify people as contractors to avoid paying benefits and taxes, but workers are the ones who suffer when they lose income.

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Yeah, I'm realizing now that I should have understood this better before I started contracting. Live and learn I guess.

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Don't beat yourself up about it. A lot of people don't realize the implications until they're in your situation.

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The bottom line is that if you're a true independent contractor in Washington, you won't qualify for regular unemployment benefits. Your best bet is to either challenge the classification if you think it's wrong, or look into other assistance programs while you find new work.

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Thanks everyone for all the helpful information. Sounds like I need to focus on finding new clients and looking into other assistance options.

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Good luck with the job search! The contractor life has its challenges but when you find good clients it can be really rewarding.

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