Who pays nanny unemployment in Washington ESD - employer or employee?

So they were supposed to be paying into the system this whole time? They told me I was an independent contractor and gave me a 1099.

Nannies are almost always employees, not independent contractors. If they control your schedule, provide supplies, and you work regularly in their home, you're an employee. They should have been withholding taxes and paying unemployment insurance.

Really? Even if they didn't pay into the system I can still get unemployment?

Yes, Washington ESD can go after the employer for unpaid taxes. The benefits aren't your fault if your employer didn't follow the law. You'll need to provide documentation of your work relationship though.

I had the same situation last year with my housekeeping job. The family tried to say I was a contractor but Washington ESD determined I was an employee and I got benefits. The family had to pay back taxes though.

Ugh that's what I was afraid of. Is there any way to get through to them more easily?

I actually just found this service called Claimyr that helps you get through to Washington ESD agents. They have a website at claimyr.com and there's a demo video at https://youtu.be/7DieNd3C7zQ that shows how it works. Might be worth checking out if you need to talk to someone about your specific situation.

Never heard of that before but anything has to be better than sitting on hold for hours just to get hung up on.

It depends on how much you earn from each family. If you make $1,000 or more from a single household in a quarter, that family needs to pay unemployment insurance for you. If you work for multiple families but don't hit the threshold with any single family, then no.

oh ok that makes sense. I only make like $200 a month from each family so probably doesn't apply to me

I don't want to get them in trouble, they're actually really nice people and I think they just didn't know the law.

Nice people still need to follow the law! You're going to be out of work because of their move and you deserve unemployment benefits. Don't let them off the hook just because they're 'nice.

I agree with this. Ignorance of the law isn't an excuse, especially when it comes to worker protections. The employer had a responsibility to understand their obligations.

How did you prove you were an employee and not a contractor?

I had text messages showing they controlled my schedule, receipts for supplies they provided, and documentation of my regular hours. The key was showing they had control over how I did my work.

That's really good to know. I've been worried about this same thing with my cleaning job.

Oh wow I didn't realize that. So they owe money to the state for not paying those taxes?

Yes, exactly. Washington ESD can assess back taxes, interest, and penalties. But that's between them and your employer - it shouldn't affect your ability to get benefits.

Yeah that definitely describes my situation. I work the same hours every week and they provide all the kids' supplies and food.

Then you're definitely an employee. The fact that they gave you a 1099 doesn't change the legal reality of the work relationship.

That's good to know. I was worried I'd have to take any random job instead of looking for another nanny position.

Nope, you can look for work in your field. Just make sure you're documenting your job search activities for your weekly claims.

I actually tried it after I mentioned it here and it worked great. Got through to an agent in like 20 minutes instead of the usual hours of waiting. Definitely worth it if you need to talk to someone about a complex situation like this.

Thanks, I'll check it out. The demo video you mentioned earlier looked pretty straightforward.

I did work some 45-50 hour weeks when they went on vacation and I stayed overnight with the kids. They never paid me overtime for those.

Definitely worth looking into then. Domestic workers are covered by overtime laws in Washington.

That's great! Too many domestic workers don't know their rights. The more people who are informed, the better.

Definitely. It's frustrating that employers often take advantage of workers not knowing the law.

Good point. I have a lot of texts about schedule changes and instructions for the kids' routines.

Perfect, that kind of documentation really helps show the employer-employee relationship.

Mine took about 3-4 weeks from when I filed the claim to when they made the determination. But I think it can vary depending on how complex the case is.

That's not too bad. I was worried it would take months.

Yeah I'm thinking that might be the way to go. This is all pretty confusing and I want to make sure I do everything right.

Exactly. Better to get expert advice upfront than have to fix problems later.

Thank you everyone for all the helpful advice! I feel much more confident about moving forward now.

You're welcome! Feel free to update us on how it goes.

Welcome to the community! Yes, the same unemployment insurance rules apply to all domestic workers in Washington, including eldercare companions. If you're earning $1,000+ per quarter from a single household employer and they control your work schedule and methods (which it sounds like they do), you should definitely be classified as an employee. The fact that you work set hours and they provide supplies are strong indicators of an employee relationship. You might want to contact Washington ESD to discuss your situation - and like others mentioned, that Claimyr service could help you get through to an agent more easily if the regular phone lines are busy.