Washington ESD unemployment benefits if client dies - self-employed eligibility?

Unfortunately, as a self-employed person or independent contractor, you typically don't qualify for regular UI benefits through Washington ESD. The system is designed for employees who have had payroll taxes withheld. However, you might want to look into other programs or see if there are any special circumstances that could apply.

I'm really sorry for your loss. This is a tough situation. The key question is whether you were actually an employee or truly self-employed. If your client was treating you like an employee (controlling your hours, providing equipment, etc.) but calling you a contractor, you might have a case. You'd need to file a claim and let Washington ESD make the determination.

If you do decide to file a claim, be prepared for a long process. Washington ESD will need to contact the client's estate or business to verify your work arrangement, which could take months given the circumstances. You might want to gather all your contracts, emails, and payment records now while everything is still accessible.

I've been trying to reach Washington ESD for weeks about my own claim issues and it's nearly impossible to get through on the phone. If you end up needing to call them about this complex situation, you might want to try Claimyr.com - they help people actually connect with Washington ESD agents. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works.

wait so if you're self employed you can never get unemployment?? that doesn't seem fair

I'm so sorry about your client. Even if you can't get unemployment benefits, you might want to talk to an attorney about whether the client's estate owes you any final payments or if there are other legal protections for your situation.

The misclassification angle is worth exploring. A lot of companies call people contractors when they're really employees to avoid paying unemployment taxes and other benefits. If Washington ESD determines you were misclassified, they can go back and collect the taxes that should have been paid and you could qualify for benefits.

This happened to my friend when her boss died suddenly. She was technically a contractor but worked exclusively for him for two years. Washington ESD ended up ruling she was misclassified and she got benefits. It took forever though - like 4 months before she saw her first payment.

THE SYSTEM IS SO BROKEN!!! They make it impossible for regular people to get help when they need it most. My heart goes out to you dealing with this on top of losing your client.

You should definitely file a claim regardless. The worst that happens is they say no, but if there's any chance you were misclassified, it's worth the effort. Document everything about your working relationship now while it's fresh in your mind.

I used Claimyr last month when I couldn't get through to Washington ESD about my pending adjudication. Got connected to an actual person within a few hours instead of spending days trying to call. Really helped me understand what was holding up my claim.

Even if you don't qualify for regular unemployment, you might qualify for other assistance programs. DSHS has emergency cash assistance and food assistance that don't have the same employment requirements as unemployment benefits.

The key factors Washington ESD looks at for employee vs contractor classification are: who controls how the work is done, whether you use their equipment or your own, if you have other clients, and how you're paid. If they controlled most aspects of your work, you might have a good case.

sorry for your loss. this whole situation sucks. hope you can get some help somehow

I went through something similar when my main contracting client shut down without notice. Filed for unemployment thinking I had nothing to lose. Washington ESD actually approved me after reviewing the work relationship - turns out I should have been classified as an employee all along. Took 3 months but I got backpay too.

File the claim but also start looking for other work immediately. Even if you do qualify, benefits won't replace your full income and there's always the chance they'll deny the claim. Better to have multiple options.

The timing requirements are important too. You need to file your claim pretty quickly after losing the work. Don't wait too long thinking about whether you qualify - let Washington ESD make that determination.

Update us on what happens! This is such an unusual situation that it would be helpful to know how Washington ESD handles it for anyone else who might face something similar.

I'm really sorry for your loss, Carmen. This is such a difficult situation to navigate on top of grieving. Based on what you've described - they controlled your schedule, you used their software systems, and they represented 80% of your income for 18 months - you actually have a pretty strong case for employee misclassification. The IRS has a 20-factor test for this, and it sounds like several factors would point toward you being an employee rather than a true independent contractor. I'd definitely recommend filing that unemployment claim ASAP and gathering all your documentation now before any business accounts get closed. Even if it takes months to resolve, you'll be glad you started the process early. Have you considered reaching out to the family to let them know you'll need access to work records for the unemployment claim? They might be more cooperative now than later when they're dealing with estate settlement.