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Malik Jackson

Can you collect unemployment while on strike - Washington ESD rules?

My union is planning a strike next month and I'm trying to figure out if I can file for unemployment benefits during the strike period. I've heard conflicting information about whether Washington ESD allows this or if there are specific rules about labor disputes. Does anyone know the actual policy? I'm worried about how I'll pay my bills if the strike goes on for weeks.

Generally speaking, you can't collect unemployment if you're on strike or participating in a labor dispute. Washington ESD considers this a voluntary work stoppage, so you'd be disqualified from receiving benefits during the strike period.

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That's what I was afraid of. Do you know if there are any exceptions to this rule?

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What if the strike only lasts a few days? Would that still disqualify you?

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The rule is pretty clear - RCW 50.20.090 states that you're disqualified from benefits if you're unemployed due to a labor dispute. However, there are some nuances. If you're not directly participating in the strike (like if you're laid off because of the strike but not striking yourself), you might be eligible.

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Interesting, so it depends on whether you're actively striking or just affected by the strike?

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Exactly. If you're locked out by the employer or if the strike affects your workplace but you're not part of the union, different rules might apply.

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I went through this exact situation last year. I was part of a strike that lasted 3 weeks and Washington ESD denied my claim. They said as long as you're participating in or directly affected by a labor dispute at your workplace, you can't get benefits.

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Did you try to appeal the decision?

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Yeah, I appealed but lost. The hearing officer said the law is pretty black and white on this issue.

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That's rough. How did you manage financially during those 3 weeks?

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If you need to talk to someone at Washington ESD about your specific situation, I'd recommend using Claimyr. I used it when I had questions about my eligibility and it actually got me through to a real person at ESD. You can check it out at claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works.

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Thanks, I'll check that out. The regular phone lines are always busy when I try to call.

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Never heard of Claimyr before but anything that helps get through to ESD sounds helpful.

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wait so if im not in the union but work at the same place and they shut down because of the strike, i might still qualify??

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Potentially yes, but it depends on the specific circumstances. You'd need to file and let Washington ESD make the determination.

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this is confusing lol i should probably just call them

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The system is so unfair. Workers should be able to get benefits when they're fighting for better conditions. How are we supposed to survive during a strike?

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I get the frustration but the law exists for a reason. It prevents people from just going on strike to collect unemployment.

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But that's not how strikes work at all. Nobody goes on strike just to get unemployment benefits.

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My union has a strike fund that helps members during work stoppages. Maybe yours does too?

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I'm not in a union but my workplace might be affected if the neighboring factory goes on strike since we're connected. Would that impact my eligibility?

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If your workplace shuts down due to a labor dispute elsewhere, you might be eligible since you're not participating in the dispute yourself.

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That makes sense. I should probably file a claim if it happens and see what they say.

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Just want to add that even if you can't get regular unemployment during a strike, you should still file your weekly claims once the strike ends. Don't let a gap in filing hurt your claim later.

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Good point. So I should keep track of when the strike starts and ends for my records?

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Definitely. Document everything - when it started, when it ended, whether you participated or were just affected.

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Does anyone know if this applies to lockouts too? Like if the employer locks us out instead of us going on strike?

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Lockouts are treated differently than strikes. If you're locked out, you're generally eligible for benefits since it's the employer's action, not yours.

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That's interesting. So the key is whether it's voluntary (strike) or involuntary (lockout)?

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Exactly. Washington ESD looks at who initiated the work stoppage.

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I used Claimyr last month when I had issues with my claim status and it was actually pretty helpful. Got me connected to someone at Washington ESD within a reasonable time instead of being on hold forever.

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How much does it cost to use?

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They focus on the value of getting through rather than the cost. Worth checking out their site for details.

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My cousin went through this and said the key is being very specific about your situation when you file. Don't just say 'labor dispute' - explain exactly what your role is and whether you're participating.

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That's good advice. The details probably matter a lot for these edge cases.

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Yes, be very clear about your employment status and relationship to the dispute.

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This is making me nervous about our upcoming contract negotiations. What if talks break down and we end up striking?

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Cross that bridge when you come to it. Focus on the negotiations first.

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True, but it's good to know the rules ahead of time.

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The bottom line is that Washington ESD will evaluate each case individually. File your claim and provide all the details about your specific situation. They'll make the determination based on the facts.

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Thanks everyone for all the information. I'll definitely file if we do go on strike and let them decide.

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Smart approach. Better to file and be denied than not file at all.

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One more thing - if you do get denied initially, you can always appeal. Sometimes the initial determination doesn't capture all the nuances of your situation.

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Good to know. At least there are options if the first decision doesn't go my way.

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And if you need help reaching Washington ESD during the appeal process, that Claimyr service mentioned earlier might be useful for getting through to an actual person.

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Just remember that even if you can't get unemployment during the strike, you should be able to resume benefits once you return to work if you become unemployed for other reasons later.

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That's reassuring. The strike doesn't permanently affect your future eligibility?

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Right, it's only during the actual labor dispute period that you're disqualified.

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