Washington ESD unemployment eligibility for 1099 contractors - can I get benefits?

Generally speaking, 1099 contractors can't collect unemployment benefits because you're considered self-employed. Washington ESD requires you to be an employee (W2) to be eligible. However, there are some exceptions if you can prove you were misclassified as a contractor when you should have been an employee.

I tried applying as a contractor last year and got denied immediately. Washington ESD was pretty clear that 1099 income doesn't count for unemployment eligibility. You might want to look into other options like emergency assistance programs.

Actually, you should try calling Washington ESD to discuss your specific situation. I know it's nearly impossible to get through on the phone, but there might be nuances to your case that could make a difference. I found this service called Claimyr (claimyr.com) that helped me get through to an actual agent when I was having issues. They have a demo video at https://youtu.be/7DieNd3C7zQ showing how it works.

The key question is whether you have sufficient W2 wages in your base period to establish a claim. If all your recent work was 1099, you probably don't have enough qualifying wages. But if you had W2 employment within the last 18 months, you might still be eligible for benefits based on that work.

omg this is exactly my situation! I was doing contract work for a startup and they basically treated me like an employee but kept me as 1099 to avoid benefits. when they laid me off I had no idea about unemployment

For clarification on base periods: Washington ESD uses your wages from the first 4 of the last 5 completed calendar quarters before you file your claim. So if you file in January 2025, they'd look at wages from January 2024 through September 2024. You need at least $1,000 in wages during the base period to qualify.

The whole contractor vs employee thing is such a mess. Companies abuse the 1099 classification to avoid paying into unemployment insurance, then workers get screwed when they lose the gig. It's not fair but that's the current system.

I've heard that some people have success appealing contractor denials if they can show they were economically dependent on one client. Like if 90% of your income came from one source and they controlled your work, that might qualify as misclassification.

Just apply anyway. The worst they can say is no, and you might be surprised. I know someone who got approved after initially being told contractors couldn't get benefits. There might be some nuance to your situation that works in your favor.

Update on the Claimyr thing - I used it again last week to get through to Washington ESD about a different issue. Took about 20 minutes to connect me with an agent who could actually answer my questions. Might be worth it for your situation since contractor eligibility can be complex.

washington esd is so backed up right now, good luck getting through to anyone. ive been trying to resolve an issue for weeks

One more thing to consider - if you do have qualifying W2 wages in your base period, you'd still need to meet the ongoing eligibility requirements. This includes being able and available for work, actively seeking employment, and potentially job search activities. Just because you qualify initially doesn't mean you'll continue to qualify if you're only looking for contractor work.

Has anyone tried the gig worker provisions that were added during COVID? I'm not sure if those are still in effect but there might be some expanded coverage for contractor situations.

My brother was in a similar situation - contractor for years then suddenly needed unemployment. He ended up having to prove he was an employee in all but name to get benefits. Took months and lots of documentation but he eventually won his appeal.

This thread is making me realize how screwed contractors are in the unemployment system. We pay taxes but can't get benefits when we need them. It's completely unfair.

Bottom line - if you think you were misclassified as a contractor, it's worth fighting for. Washington ESD has specific criteria for determining employee vs contractor status. Don't let them dismiss your claim without a proper review.