Can you collect unemployment while on strike in California EDD?

So there's absolutely no path to benefits at all? Even if the strike goes on for months?

There are some narrow exceptions I'll explain below, but as a general rule no, active strikers don't qualify. The disqualification lasts as long as the labor dispute continues at your workplace.

This is correct. I work in HR and deal with these situations. The labor dispute disqualification is one of the stricter disqualifications in California UI law.

Wait so if they bring in scabs and essentially replace us permanently we might qualify?

Exactly - once you've been permanently replaced you're no longer 'on strike' in the legal sense, you're unemployed through no fault of your own. That's a different calculation for EDD.

this is really important info that most people on strike don't know about. the permanent replacement angle changes everything

I didn't even think about calling EDD proactively before anything happens. Good idea to understand my situation before we actually walk out.

does that claimyr thing actually work?? i've been trying to reach edd for something unrelated for like 3 weeks

Yeah it genuinely worked for me. You basically stop trying to navigate the phone tree yourself and they handle the hold time. Got through in one try after weeks of failing on my own.

You likely received benefits initially because EDD doesn't always catch labor disputes immediately during the initial processing period. Once they investigate and identify the labor dispute disqualification, they issue that determination and then also potentially flag an overpayment for those weeks you were paid. Did you ever receive an overpayment notice after that?

oh god. no i never did but now im scared. this was 5 years ago though

EDD has 3 years typically to assess overpayments in most circumstances though there are exceptions. If it's been 5+ years you're probably fine but that's exactly why you don't want to file during an active strike.

Number 4 is interesting - we have some office workers who aren't in the union. Would THEY be able to claim if they're laid off because of the strike disrupting operations?

Potentially yes! Employees not participating in or financing the labor dispute who are laid off as a collateral result might be able to claim. It gets complicated fast. EDD makes individual determinations in these cases.

this is why you need a union lawyer not random internet advice lol no offense to anyone here

Yeah $300/week from the strike fund is the number I've heard too. That's rough when rent alone is $1800+

exactly and then theres car payments utilities food. people are going to have to make some really hard choices if this goes long

I actually do have a part-time weekend gig at a home improvement store. If they cut my hours am I saying my primary job is the strike situation and claiming on the part-time loss separately?

You'd want to be very transparent with EDD about the full picture but yes, hours lost from an entirely separate employer due to reasons unrelated to your labor dispute could potentially be claimed. The strike disqualification applies to work at the struck employer.

this is the most useful thing i've read in this whole thread honestly

I did look at the EDD site but it's honestly confusing to parse. Do you have a direct link to that FAQ?

I don't have it bookmarked anymore but if you go to EDD.ca.gov and search 'labor dispute' it should come up. It's not super long but it does explain the directly interested standard.

So there would be an adjudication period before the formal denial comes through?

Usually yes. You'd see something like 'adjudication in progress' similar to other disqualification investigations. EDD would likely send you a questionnaire asking about the circumstances of your unemployment. Answer it honestly. Lying or omitting the strike information could be considered fraud.

this explains what happened with my 2019 situation that i mentioned above. i genuinely didn't realize the initial payments were pending investigation

SDI is a completely different program administered through EDD and is based on whether you have a medical condition preventing work - it's not affected by the labor dispute disqualification which only applies to UI benefits. If someone was legitimately injured and their doctor certified disability, SDI could potentially apply regardless of strike status.

oh wow ok that's actually really good to know

Worth noting that picket line injuries and workers comp questions get complicated too. Union should have guidance on that.

This is actually reassuring to know. So even if we can't collect DURING the strike, if the company tries to screw people on reinstatement afterward there's a potential path.

Exactly. And document everything - every communication about reinstatement, any offers or non-offers, dates, names. That documentation becomes critical if you end up filing after the strike and the company tries to claim you quit or refused suitable work.

The rationale from a policy standpoint is that UI is designed to help people who are unemployed through no fault of their own, and a strike is a 'voluntary' work stoppage even if compelled by terrible conditions. Whether you agree with that policy framing is another question. A few states have started changing this - New York modified their rules relatively recently.

see and thats my point california should do the same. this is exactly why unions lose leverage

this is a whole political debate that's probably above this forum's pay grade lol

This is solid practical advice. Calling before the strike actually makes a lot of sense - get my baseline situation understood while I'm still employed.

seconding the call EDD before idea. once a strike starts they're probably flooded with calls from your workplace anyway

don't forget to check if your union has any partnership with local credit unions for emergency loans during strikes - some do

This is exactly why I mentioned Claimyr earlier in the thread - claimyr.com with a demo video at https://youtu.be/JmuwXR7HA10. It's specifically built for the problem you're describing. I know it sounds like a weird solution but the EDD phone system is genuinely broken in a way that requires workarounds.

ok fine I'll check it out. at this point I'd try anything

yeah the EDD phone situation is notoriously bad. I've heard horror stories from coworkers who tried to resolve simple issues and gave up after weeks.

The union does have a legal team I think. I should probably reach out to them directly. This has been incredibly helpful but you're right that my specific situation has details that matter.

And don't wait until you're out on the picket line to make that call. Union legal counsel can help you prepare NOW, understand your rights, and know what documentation to keep from day one.

Thank you for sharing this. It's helpful to hear from someone who actually went through a long one. 4 months is really long.

it tested everything. make sure your family is on board and has realistic expectations from day one. the solidarity is real but so is the financial grind

the food bank mention is real - no shame in using those resources during a labor action. that's exactly what they're there for

Since you're disqualified from benefits during an active strike, the weekly certification question is somewhat moot - you wouldn't be receiving payments to certify for. However if you're filing based on some other qualifying reason (like the part-time job scenario mentioned above), then yes, normal ability and availability requirements apply and you'd need to be genuinely available for other work.

ahhh ok so the whole certification system basically doesn't apply if you're disqualified at the base level. that makes sense

Correct. The disqualification happens at the eligibility determination level, before weekly certification payments would be issued. You could still have a claim open in the system but it wouldn't pay out.

Will do. Negotiations are resuming next week actually so fingers crossed we don't need any of this information. But I feel way more prepared now regardless of what happens. Thank you to everyone who responded - this thread was genuinely useful.

Good luck. Document everything starting now regardless of outcome. Seriously - dates, what management says, every communication. You'll thank yourself later.

solidarity. hope you get a fair contract without having to walk.