Can you collect unemployment while on strike - NYS Department of Labor rules?
My union just voted to go on strike starting next week and I'm wondering if I can file for unemployment benefits during the strike. I've been working at this manufacturing plant for 6 years and never filed for UI before. Does NYS Department of Labor allow unemployment claims for workers on strike? I'm really worried about paying my mortgage and bills if this drags on for weeks. Has anyone dealt with this situation before?
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Mateo Gonzalez
Unfortunately, you cannot collect regular unemployment benefits while participating in a labor strike in New York. NYS Department of Labor rules specifically disqualify workers who are unemployed due to a labor dispute at their workplace. This includes strikes, lockouts, and other work stoppages. The reasoning is that you're voluntarily not working rather than being involuntarily unemployed.
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Nia Harris
AuthorThat's really disappointing but I guess it makes sense. What if the strike ends and I get laid off afterward - would that affect my eligibility then?
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Aisha Ali
wait really?? i thought you could get benefits if your on strike thats crazy
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Ethan Moore
No, striking workers are specifically excluded from UI benefits. However, if you're not directly involved in the strike but your workplace is shut down because of it, you might have different options. The key is whether you're participating in the labor dispute or just affected by it.
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Yuki Nakamura
This happened to my brother last year during the construction strike. He couldn't get any unemployment the whole time even though it lasted 3 months! He had to pick up odd jobs just to survive. The union had a strike fund but it was only like $200 a week which barely covered anything. Really hope your situation resolves quickly because it gets rough fast without any income.
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Nia Harris
AuthorThree months?! I really hope ours doesn't last that long. Did your brother have any trouble getting unemployment after the strike ended?
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Yuki Nakamura
No trouble at all once he went back to work and then got laid off for the winter season. The strike didn't affect his eligibility for regular unemployment later.
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StarSurfer
The whole system is rigged against workers! You can't get benefits when you're fighting for better conditions but corporations get bailouts left and right. NYS Department of Labor should support workers standing up for their rights instead of punishing them. It's completely backwards.
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Carmen Reyes
I get the frustration but the rule exists because unemployment insurance is meant for people who lose their jobs involuntarily. If you choose to strike, that's technically a voluntary decision to not work.
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Ethan Moore
I had trouble reaching NYS Department of Labor to get clarification on some similar questions last month when our plant had work slowdowns. The phone lines are always jammed and I kept getting disconnected. I ended up using claimyr.com which actually got me through to a real agent who could explain the exact rules for my situation. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Might be worth checking out if you need to talk to someone at NYS Department of Labor about your specific circumstances.
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Nia Harris
AuthorThanks for the tip! I'll definitely look into that if I need to talk to someone. Better than sitting on hold for hours.
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Andre Moreau
Just want to add support - strike situations are really tough financially. Make sure you look into other resources like food banks, utility assistance programs, and see if your union has any additional support beyond the strike fund. Sometimes local churches or community organizations help out too during labor disputes.
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Sofia Ramirez
This is really helpful advice. I hadn't thought about looking into community resources beyond just unemployment benefits. Does anyone know if New York has specific programs for workers affected by labor disputes? I'm worried about falling behind on my mortgage payments if this goes on too long.
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