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Amina Bah

Washington ESD unemployment eligibility for 1099 contractors - am I covered?

I've been working as a 1099 independent contractor for the past 18 months doing freelance graphic design work. My main client just cut their budget and I'm basically losing 80% of my income. I'm wondering if I can file for unemployment benefits through Washington ESD since I'm technically self-employed? I've heard mixed things about whether 1099 workers are eligible. Has anyone been in this situation before? I'm really stressed about making rent next month.

Unfortunately, traditional unemployment insurance through Washington ESD is only for W-2 employees who have had payroll taxes withheld. Since you're a 1099 contractor, you wouldn't qualify for regular UI benefits. However, you might want to look into other support programs.

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That's what I was afraid of. Are there any other programs that might help independent contractors?

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You could check with DSHS for other assistance programs, but for unemployment specifically, you'd need to have been an employee with wages reported to Washington ESD.

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Wait, I thought they changed the rules during COVID? My brother got unemployment as a freelancer.

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That was the Pandemic Unemployment Assistance (PUA) program, but that ended in 2021. It's not available anymore.

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Oh dang, I didn't realize that program was temporary. That sucks for independent contractors.

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The eligibility requirements for Washington ESD unemployment are pretty strict - you need to have been an employee with wages reported on your behalf. 1099 work doesn't count toward your base period wages. You might want to call Washington ESD directly to confirm, but I'm pretty sure you won't qualify.

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I've been trying to call them but can never get through. The phone lines are always busy.

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I had the same problem trying to reach Washington ESD. I ended up using this service called Claimyr that helped me get through to an actual agent. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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This is so frustrating! Independent contractors pay taxes too but get none of the safety net benefits. The system is totally unfair.

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I feel you. We're in this weird limbo where we're not employees but also not traditional business owners with employees.

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The tradeoff is that contractors typically charge higher rates to account for not having benefits. But I agree it's tough when work dries up.

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Have you ever worked as a W-2 employee? Even if you're currently doing 1099 work, you might still be eligible if you had enough W-2 wages in your base period.

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I worked at a marketing agency until about 2 years ago before going freelance. Would that count?

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It depends on when exactly you left and how much you earned. Washington ESD looks at your wages from the first 4 of the last 5 completed quarters. You'd need to check if you have enough qualifying wages from that W-2 job.

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This is actually a good point. If you left your W-2 job in early 2023, you might still have qualifying wages in your base period. You should definitely apply and see what happens.

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So even though I'm currently doing 1099 work, I could potentially qualify based on my old W-2 job? That's confusing but maybe there's hope.

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Exactly. Washington ESD doesn't care what you're doing now - they only look at your wage history during the base period to determine eligibility.

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But you'd also need to meet the ongoing requirements like being able and available for work, actively job searching, etc. And you'd need to be looking for W-2 employment, not more 1099 work.

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I'm in a similar boat - lost my biggest 1099 client last month. This thread is really helpful, I didn't know I might still qualify from my old regular job.

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Definitely worth applying. The worst they can do is say no, but you might be surprised.

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Yeah, I think I'm going to try to apply online and see what happens with my wage history.

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Just wanted to follow up on my earlier comment about Claimyr - I used them when I had issues with my claim and they really helped me get through to Washington ESD quickly. Might be worth trying if you need to speak to someone about your specific situation.

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How much does that service cost? I'm already tight on money.

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It's worth it if you really need to talk to someone at Washington ESD. Way better than spending hours on hold or getting disconnected.

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This whole thing makes me want to go back to regular employment just for the security. Being a contractor is so risky.

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I've been thinking the same thing. The flexibility isn't worth the stress when clients disappear.

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It's definitely a trade-off. Some people do well with the contractor lifestyle, but having that safety net is valuable.

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Thanks everyone for the advice. I'm going to try applying online tonight and see if my old W-2 wages qualify me. Fingers crossed!

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Good luck! Make sure you have all your employment information ready when you apply.

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Let us know how it goes. Your situation might help other contractors in similar positions.

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Quick question - if you do qualify based on old W-2 wages, do you have to report your 1099 income when you file weekly claims?

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Yes, you have to report all income, including 1099 work. It might reduce your weekly benefit amount depending on how much you earn.

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The earnings deduction rules apply to all types of work income, not just W-2 wages.

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This is all so complicated. I wish there was better support for independent contractors who lose their main income source.

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Totally agree. Maybe someday they'll create a program specifically for contractors.

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Some states have looked into portable benefits for gig workers, but nothing concrete yet.

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Update: I just tried to apply online and it's asking for my employer information. Should I put my old W-2 employer or leave it blank since I'm currently self-employed?

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You should list your most recent W-2 employer. The system will pull your wage history automatically to determine eligibility.

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Don't worry about your current 1099 status during the application. Focus on your W-2 employment history.

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I tried calling Washington ESD again today and actually got through after 45 minutes! They confirmed that 1099 contractors can't qualify based on contractor income alone, but previous W-2 wages might still count.

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Wow, you got through! That gives me hope. Did they say anything about the time limits for W-2 wages?

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They said it depends on your base period quarters. You really need to apply to see if you have enough qualifying wages.

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For what it's worth, I was in a similar situation last year. I qualified based on my old office job even though I'd been freelancing for over a year. Don't give up hope!

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That's encouraging! How long did it take to get approved?

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About 3 weeks. I had to do a phone interview to explain my work situation, but it worked out fine.

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I keep seeing people mention Claimyr in these threads. Has anyone actually used it successfully?

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Yes, I used it twice. Both times I got through to Washington ESD within 15 minutes. Way better than the regular phone system.

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I was skeptical at first but it really works. Saved me hours of waiting on hold.

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The key thing to remember is that Washington ESD eligibility is based on your wage history, not your current employment status. Even contractors can qualify if they have enough W-2 wages in their base period.

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This is the clearest explanation I've seen. Thank you!

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Exactly right. The system looks backward at your earnings, not forward at your plans.

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Just a heads up - if you do get approved, you'll need to actively search for W-2 employment to meet the job search requirements. Looking for more 1099 work won't count.

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Good point. That might actually help me transition back to regular employment.

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The job search requirements are pretty specific about what types of work activities qualify.

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Final update: I submitted my application and it went through! Now I'm waiting to see if I have enough qualifying wages. Thanks everyone for the help and encouragement.

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Awesome! Hope it works out for you. Keep us posted on the results.

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Fingers crossed! Your experience will definitely help other contractors who find this thread.

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Good luck! The waiting is the hardest part, but hopefully you'll get good news soon.

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