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Freya Thomsen

Washington ESD unemployment eligibility - can I apply if I was paid under the table?

I worked at a restaurant for about 8 months but they paid me cash under the table. Now I'm unemployed and wondering if I can still file for unemployment benefits with Washington ESD? I know they didn't report my wages or take out taxes. Does this completely disqualify me or is there any way to still get benefits? I'm really struggling to pay rent and need help understanding my options.

Unfortunately, Washington ESD bases unemployment benefits on wages that were reported to them by employers. If your employer didn't report your wages or pay unemployment taxes on your behalf, there's no record of your employment in their system. This means you likely won't qualify for regular unemployment benefits based on that job.

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That's what I was afraid of. So basically I'm out of luck because my employer chose to break the law?

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It's frustrating, but Washington ESD can only pay benefits based on wages they have record of. You might want to check if you have any other qualifying employment in the past 18 months.

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Wait, do you have ANY other jobs in the past year and a half that were legitimate? Even part-time work where taxes were taken out? Washington ESD looks at your base period which is usually the first 4 of the last 5 completed quarters.

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I had a retail job for 3 months before the restaurant, but it was only like 15 hours a week. Would that be enough?

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It might be! You need to have earned at least $1,000 in your base period and worked in at least 2 quarters. Definitely worth applying to see if you qualify.

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I had a similar situation and found that calling Washington ESD directly was the only way to get a real answer about my specific case. The automated system and website couldn't handle my complicated work history. I used this service called Claimyr (claimyr.com) that helped me get through to an actual agent. They have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. Game changer for getting past the busy signals.

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How much does something like that cost? I'm already broke.

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It's worth checking out their site for current info. For me it was worth it to actually talk to someone instead of guessing about my eligibility.

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Never heard of that service but honestly anything that helps you reach Washington ESD is probably worth it. Their phone lines are impossible.

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this is exactly whats wrong with the system!!! employers break the law and workers suffer. you should report that restaurant to the dept of labor too

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I thought about it but I don't want to burn bridges. Plus I need to focus on finding new work right now.

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they already burned the bridge by not paying you legally! but i get it, survival first

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You should definitely apply anyway. Even if the under-the-table job doesn't count, they'll look at all your work history. The worst they can do is deny you, but you might qualify based on other employment. The application process will show you exactly what wages they have on record for you.

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Good point. I guess I have nothing to lose by trying.

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exactly, and if you do qualify for even a small amount it's better than nothing

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I'm in food service too and this cash payment thing is SO common. It's really messed up that restaurants get away with this and leave workers with no safety net. Did you keep any records of your hours or pay stubs?

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I have some text messages about scheduling and I wrote down what I got paid each week, but nothing official.

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That's something at least. Might help if you decide to report them later.

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One more thing to consider - if you do end up qualifying for benefits based on your other employment, make sure you're prepared for the job search requirements. Washington ESD requires 3 job search activities per week and you need to keep detailed records.

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What counts as a job search activity?

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Things like applying for jobs, attending job fairs, networking events, creating profiles on job sites, etc. They're pretty specific about what qualifies.

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Had a friend go through this exact situation last year. He ended up qualifying for like $150/week based on an old part-time job. Not much but it helped with groceries while he looked for work.

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That would actually help a lot right now. Every little bit counts.

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BTW, when you apply make sure you're honest about all your employment including the under-the-table work. Washington ESD has ways of finding out about unreported income and it's better to be upfront than get hit with an overpayment later.

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Should I mention it even if it won't help my case?

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Yes, always be honest on your application. They ask about all employment, not just the stuff that will help you qualify.

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This is good advice. Washington ESD can cross-reference with other agencies and you don't want to get caught in a lie.

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wait so if the restaurant didn't pay unemployment taxes on his wages, does that mean they owe money to the state?

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Yes, employers are required to pay unemployment taxes on wages. If they didn't, they could face penalties and interest charges.

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another reason to report them! they're cheating the system

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I worked under the table for years and never thought about unemployment until I really needed it. Such a hard lesson to learn. Now I always make sure any job I take reports my wages properly.

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Yeah, I definitely learned my lesson. Going forward I'll make sure everything is above board.

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Just wanted to follow up on the Claimyr thing - I used them again last month when I had questions about my weekly claims. Really helped me avoid a potential issue with my certification. Sometimes talking to an actual person is the only way to get things sorted out properly.

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How quickly were you able to get through to someone?

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It was way faster than trying to call myself. I think I connected within a few hours instead of days of trying.

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Also worth mentioning - if you do qualify for benefits, you'll need to register with WorkSource Washington for job search assistance. It's a requirement for most people receiving unemployment.

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Is that something I do before or after applying?

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You can do it anytime, but they'll tell you about it during the application process if it's required for your situation.

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man the whole system is so complicated, why cant they just make it simple to get help when you need it

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because they don't want people to actually get benefits! make it as hard as possible so people give up

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The complexity is partly to prevent fraud, but I agree it can be overwhelming for people who genuinely need help.

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Check if you qualify for any other assistance programs too while you're at it. Food stamps, housing assistance, etc. Don't just rely on unemployment if you can get help from other sources.

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Good thinking. I'll look into SNAP and see what else might be available.

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I've been following this thread and just wanted to say good luck with your application. Even if you only qualify for a small amount, it's something. And honestly, reporting employers who pay under the table helps protect other workers too.

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Thanks for the encouragement. I'm going to apply today and see what happens.

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keep us updated on how it goes!

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Quick question - does Washington ESD verify employment by contacting employers directly or do they just go off what's in their system?

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They primarily use wage records that employers are required to report quarterly. They can contact employers directly if there are questions or discrepancies.

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Makes sense. So the under-the-table work really is invisible to them unless someone reports it.

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This whole situation is exactly why I tell everyone to keep their own records of everything. Pay stubs, work schedules, everything. You never know when you'll need to prove your employment history.

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Definitely a lesson learned. I'm going to be much more careful about documentation going forward.

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Hope it works out for you. The restaurant industry is notorious for this kind of thing. Maybe once you're back on your feet you can look for employers who do things properly.

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That's definitely the plan. I want to work somewhere that follows the law and treats employees fairly.

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there are good restaurants out there that do everything by the book, just gotta find them

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