{"id":357822,"date":"2016-04-04T10:45:29","date_gmt":"2016-04-04T15:45:29","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/wages-and-benefits\/can-workers-on-strike-collect-unemployment-insurance-ui-benefits.html"},"modified":"2024-07-19T13:43:18","modified_gmt":"2024-07-19T18:43:18","slug":"can-workers-on-strike-collect-unemployment-insurance-ui-benefits","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/wages-and-benefits\/can-workers-on-strike-collect-unemployment-insurance-ui-benefits.html","title":{"rendered":"Are Workers on Strike Entitled to Collect Unemployment Insurance (UI) Benefits?"},"content":{"rendered":"\n
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Are Workers on Strike Entitled to Collect Unemployment Insurance (UI) Benefits?<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

When workers go on strike in protest of working conditions, they typically do not expect to be paid their regular wages. But, some states allow striking workers to collect unemployment benefits in certain situations, like if the strike is due to an employer violating labor laws or agreements.  <\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

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.<\/p>\r\n

Situations involving strikes are nuanced and depend on state laws and specific circumstances. A local employment law attorney<\/a> can help clarify eligibility and provide guidance based on your situation.<\/p>\r\n

See Eligibility for Unemployment Compensation Benefits<\/a> for more information about unemployment benefits.<\/span>
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Work Stoppage and Unemployment: Basics<\/h2>\r\n

Most states do not allow workers on strike<\/a> to collect unemployment benefits. However, if you are a member of a union<\/a> 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.<\/p>\r\n

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.<\/p>\r\n

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.<\/p>\r\n

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.<\/a><\/p>\r\n

State Labor Laws Exceptions<\/h2>\r\n

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

For instance, in Massachusetts<\/a>, 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.<\/p>\r\n

Workers in some states may remain eligible for UI benefits if the strike is triggered by an employer violating one of the following:<\/p>\r\n