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ESD eligibility question: Can I get unemployment with less than a year at my W-2 job after 1099 work?

I've been working as an independent contractor (1099) for about a year but recently switched to a W-2 position with a company. It's only been about 3 months at this new job, and I'm worried things aren't working out. If I lose this job or need to quit, would I be eligible for unemployment benefits? Do I need to have worked for this employer for a full year before I can qualify for ESD benefits? I've heard different things from people and I'm confused about how they calculate my eligibility with the mixed 1099 and W-2 work history. Thanks for any help!

Owen Devar

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You don't need to have worked for a specific employer for a full year to qualify for unemployment in Washington. ESD looks at your "base year" - the first 4 of the last 5 completed calendar quarters before you file your claim. You need to have worked at least 680 hours total during that base year in employment that's covered by unemployment insurance. The challenge you might face is that 1099 work typically doesn't count toward UI eligibility because independent contractors don't pay into the unemployment insurance system. Only your W-2 employment hours would count toward that 680-hour requirement.

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Brooklyn Knight

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Thank you!! That helps me understand better. So basically my 1099 work probably won't count at all, and I'd need to have worked 680 hours in my W-2 job? At 40 hours a week that's... about 17 weeks, so a little over 4 months full-time? I'm getting close but not quite there yet 😕

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Daniel Rivera

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I went thru this EXACT thing last yr!!! Independent contracting doesnt count AT ALL for ur benefit calculation. ESD only cares about w2 earnings where the employer paid unemployment tax. The 680 hrs thing is right but they also look at how much u earned during ur best quarters. U might qualify for a small benefit even with only 3 months of w2 work but it'll be way less than someone who worked a full year.

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Brooklyn Knight

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Thanks for sharing your experience. Did you end up qualifying with a short W-2 work history? I'm making decent money at this job so even a small benefit would help if things don't work out.

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Daniel Rivera

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Yep i did qualify but my weekly benefit was super low bc they base it on ur earnings. I think I got like $240/week when people who worked longer were getting $800+.

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Sophie Footman

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The whole ESD system is designed to exclude gig workers and freelancers. It's completely UNFAIR that we pay tons in self-employment taxes but get ZERO unemployment protection! I worked 1099 for TWO YEARS and then got a W-2 job for 6 months before being laid off. Guess what? ESD said I didn't have enough hours to qualify! The system is RIGGED against independent workers.

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Brooklyn Knight

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That really sucks, I'm sorry that happened to you. It does seem unfair that 1099 work doesn't count at all.

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Connor Rupert

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There were special pandemic programs that covered 1099 workers (PUA - Pandemic Unemployment Assistance), but those ended long ago. Now we're back to the regular system where only work covered by unemployment insurance counts. It's not ideal but that's how the system is currently structured.

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Molly Hansen

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Something else to consider - even if you get enough W-2 hours to qualify, if you quit your job voluntarily you might be disqualified unless you can prove it was for "good cause" as defined by ESD. Things like unsafe working conditions, significant schedule changes, or medical reasons sometimes qualify, but just not liking the job usually doesn't. If you're laid off or fired for non-misconduct reasons, that's different.

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Brooklyn Knight

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That's a really good point. My boss has been cutting my hours lately and changing my schedule with no notice, which is making it hard to manage my other responsibilities. Would that potentially count as good cause if I had to quit?

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Owen Devar

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Significant schedule changes can sometimes qualify as good cause, but you'd need to document that you tried to resolve the issue with your employer first. Keep records of all schedule changes and any conversations you have about them. If you do end up needing to quit, make sure to clearly explain these circumstances in your claim.

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Brady Clean

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my brother works like 3 diff jobs (2 w2s and 1 contract) and he got laid off from one of the w2 jobs but he still qualified for some unemployment even tho he was only at that job for like 5 months. he had to report his other income tho which reduced his weekly benefit amount

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Brooklyn Knight

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That's interesting! So you can potentially work other jobs and still get some unemployment if you lose one job. Good to know, thanks for sharing that example.

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Skylar Neal

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Getting someone on the phone at ESD would be your best bet - they can look at your specific work history and give you a definitive answer about eligibility. Calling them is a nightmare though... I spent 3 weeks trying to get through. Finally I used a service called Claimyr (claimyr.com) that got me connected to an ESD agent in under 2 hours. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3. Totally worth it to get a clear answer directly from ESD about your specific situation.

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Brooklyn Knight

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Thanks for the tip! I've heard the phone lines are impossible. I'll check out that service if I need to file a claim. Did they give you helpful information when you finally got through?

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Skylar Neal

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Yes, super helpful! The agent was able to look at my specific work history and tell me exactly what I qualified for. Way better than guessing based on forum advice (no offense to anyone here!). They also helped me understand some special circumstances in my case that I wouldn't have known about otherwise.

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Connor Rupert

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One more important point: When you apply, ESD will automatically calculate your base year and determine if you qualify. You don't need to figure this all out beforehand. If you believe your job situation isn't going to work out, you should apply when the time comes and let the system determine your eligibility. Just be honest about your work history, separation reason, and current employment situation. The online application will walk you through everything step by step.

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Brooklyn Knight

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Thanks, that's reassuring. I'll definitely apply if I need to and just be upfront about everything. I appreciate everyone's help with this question!

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