ESD denied my claim after employer changed me from W-2 to 1099 contractor - same job, same duties

You absolutely should appeal this! What your employer did is called "misclassification" and it happens all the time. If you're still working under their direction with their equipment and schedule, you're still an employee under WA state law, regardless of what tax form they use. File your appeal within 30 days of the denial determination. In your appeal letter, specifically mention that you're being misclassified based on these factors: - You don't have multiple clients - The company controls your work schedule - They provide all equipment - You perform the same duties as before - You didn't independently establish yourself as a business Keep filing your weekly claims during the appeal process. If you win (and you have a good case), you'll get backpay for all those weeks.

happened to me 2!!! my boss said the same thing that i was a "contractor" but i was really an employee. ESD said no at first but i appealled & eventually won. took like 5 months tho so be ready to wait

Okay so this is actually something I deal with ALL THE TIME in my HR consulting work. What your employer did is 100% illegal wage theft. They can't just "convert" you to avoid unemployment taxes and benefits. The IRS has specific tests for employee vs contractor status - it's not something companies can just decide based on what's cheaper for them. Print out the IRS 20-factor test (Google it) and highlight all the factors that show you're really an employee. Bring this to your appeal hearing. You're going to win this case - I've seen dozens exactly like it. And yes, KEEP FILING weekly claims! You'll get backpay if you win.

If you're having trouble reaching someone at ESD to discuss your case (which is extremely common), you might want to try Claimyr. I was stuck in a similar situation and couldn't get through on the phone for weeks. Their service connected me to an ESD agent in about 20 minutes when I'd been trying for days. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Their website is claimyr.com - it was honestly worth it to actually talk to someone who could explain exactly what documentation I needed for my appeal.

im confused by this. if ur getting a 1099 now arent u technically self employed? thats what my tax guy told me when i did uber last year. u have to pay both sides of the taxes urself now (employer and employee part). maybe u can file for some small business assistance instead?

THIS EXACT THING HAPPENED AT MY LAST JOB!!! The whole department got "converted" to contractors and ESD denied everyone initially. We filed a group complaint with L&I about worker misclassification and suddenly the company backtracked REAL QUICK and "rehired" everyone as W-2 employees again. They knew they were breaking the law! Your employer is COUNTING ON you not knowing your rights or being too intimidated to fight back. If multiple people at your company were affected, consider talking to them about filing a group complaint with Labor & Industries. The penalties for companies doing this are HUGE.

One important thing no one has mentioned yet: Document EVERYTHING about your working conditions right now. Take photos of your workspace if you're in an office, save emails showing they're directing your work schedule, take screenshots of any company systems you have to use, etc. Also, start tracking exactly how much control they exert over HOW you do your work. True contractors decide their own methods, hours, etc. If they're telling you exactly when and how to work, that's evidence you're misclassified. Bring all this evidence to your appeal hearing. The judge will specifically be looking at the degree of control the company has over your work.

i h8 when companies do this!!!! my friend works at a tech company and they did the same thing last year during "restructuring" and called it a "flexible work arrangement" lolol there is NOTHING flexible about it its just a pay cut without saying pay cut

make sure u file ur appeal quikk. u only have like 30 days from when they sent the denial i think. alot of people miss the deadline.