Are Workers on Strike Entitled to Collect Unemployment Insurance (UI) Benefits?

In general, striking workers are not eligible for unemployment. But, there are some instances where employees can collect benefits. For example, an employee who does participate in the strike or is affected by an employer-initiated lockout may potentially collect unemployment.

Situations involving strikes are nuanced and depend on state laws and specific circumstances. A local employment law attorney can help clarify eligibility and provide guidance based on your situation.

See Eligibility for Unemployment Compensation Benefits for more information about unemployment benefits.

Work Stoppage and Unemployment: Basics

Most states do not allow workers on strike to collect unemployment benefits. However, if you are a member of a union that is currently on strike and you do not participate in the strike, you may still collect benefits if you lose your job during the strike.

If you are barred from collecting unemployment benefits during the strike, you will become eligible either after the work stoppage ends or if your unemployment is unrelated to the strike. Some state laws disqualify strikers from unemployment insurance benefits for a set time period, regardless of how quickly the strike ends.

The eligibility timeline is influenced by factors such as the waiting period, base period, and benefit year. If there is a delay between the strike's end and the employer's resumption of operations, the claimant may be eligible for UI benefits during this period. But this depends on the cause of the delay. If the strike directly caused the delay, the claimant may face ineligibility.

Additionally, if your workplace is temporarily shut down because of a labor disruption at another location, you likely will remain eligible for benefits. A few states, including Texas and Michigan, do not allow this.

State Labor Laws Exceptions

Some state labor laws, such as those in New York and New Jersey, allow workers to collect UI benefits if there is a work stoppage resulting from an employer-initiated lockout.

For instance, in Massachusetts, employees cannot be denied benefits due to an employer's lockout if they remain ready, willing, and able to work under the terms and conditions of the existing or expired contract.

Workers in some states may remain eligible for UI benefits if the strike is triggered by an employer violating one of the following:

• An active collective bargaining agreement
• The rules established by the National Labor Relations Act (NLRA)
• State and/or federal wage and hour laws
• Health and safety regulations
• Collective bargaining rights

For more resources on this issue, see FindLaw's Unemployment Benefits and Unions subsections. You can also consult the Department of Labor (DOL) for information on federal laws governing the process of claiming benefit payments.

Are You Entitled to Unemployment Benefits? Talk to an Attorney Today

Striking workers need answers to many questions about their rights and the protections that are available to them. However, the facts of a particular situation and the local laws make a huge difference.

A lawyer can help sort out many issues, and alert you to issues you didn't even think to raise. Contact a local employment law attorney to learn how they can help with these and other employment disputes.