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Aisha Patel

Who is not eligible for unemployment benefits in Washington state?

I'm trying to help my cousin figure out if she can apply for unemployment benefits through Washington ESD. She's been working part-time as a contractor for a marketing company but they just ended her contract. I know there are some situations where people can't get unemployment but I'm not sure what all the rules are. Can someone explain who is NOT eligible for Washington ESD unemployment benefits? I want to make sure she doesn't waste time applying if she won't qualify.

The main categories of people who aren't eligible for Washington ESD unemployment benefits include: independent contractors (unless they opted into the program), people who quit without good cause, those fired for misconduct, students attending school full-time, people not actively seeking work, and those who haven't earned enough wages during their base period. Your cousin being a contractor is potentially a big issue unless she specifically opted into the unemployment insurance program.

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She never mentioned opting into anything special. How would she know if she opted in?

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She would have had to specifically elect coverage and pay premiums. If she didn't do this, she's likely not covered as an independent contractor.

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wait so if you're fired for being late too many times that counts as misconduct and you can't get benefits?? that seems harsh

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Yes, chronic tardiness can be considered misconduct if it's willful and substantial. Washington ESD looks at whether the behavior was deliberate and violated reasonable employer expectations.

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I had a friend who got fired for attendance issues and still got benefits. I think it depends on the circumstances and if you had valid reasons.

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If you're having trouble getting through to Washington ESD to check eligibility, you might want to try Claimyr (claimyr.com). They have a service that helps people get connected to ESD agents without waiting on hold forever. There's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Sometimes talking to an actual person is the best way to get a clear answer about eligibility.

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Thanks for the suggestion! I'll check that out. The Washington ESD phone lines are always busy when I try to call.

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Never heard of this service but honestly anything that helps get through to ESD sounds worth trying. Their customer service is impossible to reach normally.

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Other situations where you can't get unemployment: if you're receiving workers comp, if you're getting certain types of pensions, if you're not legally authorized to work in the US, or if you're in prison. Also if you refuse suitable work offers without good cause you can lose benefits.

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What counts as 'suitable work' though? Like do you have to take any job or can you be picky about salary and stuff?

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Generally has to be work you're qualified for and pays at least 70% of your previous wage during the first few weeks of unemployment. The standards change over time though.

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And suitable work also considers factors like distance from home, working conditions, and whether it matches your skills and experience. You can't be forced to take just anything immediately.

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The contractor thing is tricky because so many people are classified as contractors now when they should probably be employees. If your cousin was doing the same work as employees and they controlled her schedule and how she did the work, she might actually be misclassified.

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Interesting point. She did have to follow their schedule and use their processes pretty strictly. How would she prove that?

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She could file a claim anyway and let Washington ESD investigate. They have a process for determining if someone was misclassified as a contractor when they should have been an employee.

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don't forget about the earnings requirement too. you need to have earned a certain amount during your base period or you won't qualify even if everything else checks out. i think it's around $3,000 but not sure of the exact amount

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For 2025, you need to have earned at least $1,015 in your highest-earning quarter AND total earnings of at least $2,030 during your base period. These amounts get adjusted annually.

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She was working pretty regularly so I think she'd meet those requirements. The contractor issue seems like the main concern.

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Students can sometimes get unemployment but it's complicated. If you're going to school full-time you usually can't get benefits because you're not considered available for work. Part-time students might qualify if they can prove they're available for full-time work.

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Yeah I learned this the hard way when I was in college. Even though I was working part-time, being a full-time student made me ineligible.

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There are some exceptions for certain training programs approved by Washington ESD, but generally full-time school = no unemployment benefits.

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This is why I hate the gig economy - so many people think they're building businesses but really they're just workers without benefits or protections. Your cousin should definitely look into whether she was misclassified because if she was doing employee work but called a contractor, that's on the company not her.

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Exactly! Companies love calling everyone contractors to avoid paying unemployment insurance and other benefits. It's a huge problem.

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I hadn't thought about it that way but you're probably right. She was basically working set hours doing the same thing as their employees.

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If she does end up not qualifying for regular unemployment, she should check if there are any other programs she might be eligible for. Sometimes there are state or local assistance programs even if you don't qualify for UI.

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Good point. DSHS has various programs that might help with food assistance, housing, etc. even if you can't get unemployment.

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Thanks, I'll mention that to her. Every little bit helps when you're suddenly without income.

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One thing that trips people up is the 'able and available' requirement. Even if you meet all the other criteria, if you have restrictions that limit your availability for work (like only being able to work certain hours or needing special accommodations), you might not qualify.

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What about people with disabilities? Surely they can still get unemployment if they lose their job?

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People with disabilities can definitely get unemployment benefits, but they need to be able and available for work that exists in their area and matches their capabilities. The key is proving you can work despite any limitations.

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I used Claimyr last month when I was trying to get information about my claim status and it actually worked really well. Saved me hours of trying to call Washington ESD directly. If your cousin needs to talk to someone about her eligibility situation, it might be worth the cost to get a straight answer.

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How much does it cost? I saw someone mention it earlier but wasn't sure about pricing.

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I don't want to quote specific prices since they might change, but it was reasonable for what I got out of it. Check their website for current rates.

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The voluntary quit rules are pretty strict too. You can quit and still get benefits but only for 'good cause' reasons like unsafe working conditions, harassment, significant changes to your job, or certain personal reasons like domestic violence or caring for a sick family member.

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I quit my last job because my boss was verbally abusive and I still got approved for benefits. You just have to document everything and explain the situation clearly.

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That's good to know. I always thought quitting meant you automatically couldn't get unemployment no matter what.

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Bottom line for your cousin - if she was truly an independent contractor and didn't opt into unemployment insurance, she probably won't qualify for regular UI benefits. But if there's any chance she was misclassified as a contractor when she should have been an employee, it's worth applying and letting Washington ESD make the determination.

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That makes sense. I think I'll encourage her to apply anyway and see what happens. Worst case they say no, but if she was misclassified she might get benefits she didn't know she was entitled to.

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Exactly. And if she gets denied, she can always appeal the decision if she thinks they got it wrong.

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Just remember that even if you're not eligible for unemployment benefits, you still need to look for work and be ready to accept suitable employment. The job search requirements apply to everyone trying to get back into the workforce.

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Wait, I thought the job search requirements were only for people actually getting unemployment benefits?

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No, I was just saying that regardless of benefits, people need to look for work. The formal job search requirements are only for people receiving UI benefits.

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Thanks everyone for all the helpful info! I feel like I have a much better understanding of the eligibility rules now. I'll share this with my cousin and see what she wants to do. The contractor vs employee thing seems like the key issue to figure out.

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Good luck to your cousin! Hope she's able to get some financial support while she looks for new work.

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Keep us posted on how it goes. These contractor classification cases are always interesting to hear about.

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