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Tobias Lancaster

Can you collect unemployment while on strike in Washington State?

My union is planning a strike next month and I'm trying to figure out if I can file for Washington ESD benefits during the work stoppage. I've heard conflicting information - some people say you can't get unemployment if you're on strike, others say it depends on the situation. Does anyone know the actual rules for Washington State? I really need to know because this strike could last weeks and I have bills to pay.

Generally speaking, you cannot collect unemployment benefits while participating in a labor dispute or strike in Washington. The Washington ESD considers this a voluntary work stoppage, which disqualifies you from benefits. However, there are some exceptions if the strike is due to unsafe working conditions or if you're not directly involved in the labor dispute.

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What do you mean by 'not directly involved'? Like if I'm in a different department?

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It's more about whether you're part of the bargaining unit that's on strike. If your specific job classification isn't part of the dispute but you can't work due to the strike, you might qualify.

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This is so confusing! I tried calling Washington ESD about this exact question last week and couldn't get through. The phone system is impossible - I spent 3 hours on hold and got disconnected twice.

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Have you tried using Claimyr? It's a service that helps you get through to Washington ESD agents. Check out claimyr.com - they have a video demo at https://youtu.be/7DieNd3C7zQ that shows how it works. I used it when I had questions about my claim status and actually got connected to someone who could help.

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The Washington ESD has specific rules about labor disputes. You're generally disqualified from receiving benefits if you're participating in a strike, work stoppage, or other labor dispute. However, you may be eligible if: 1) You're not participating in or directly interested in the labor dispute, 2) You don't belong to the organization involved in the dispute, or 3) The dispute is due to the employer's failure to conform to labor agreements or safety standards.

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This is really helpful. How do I prove that I'm not 'directly interested' in the dispute if I'm a union member?

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That's where it gets tricky. Being a union member doesn't automatically disqualify you, but if your union is the one on strike and you're affected by the same issues, Washington ESD will likely consider you directly interested. You'd need to show that you're genuinely neutral in the dispute.

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Wait, so if my department isn't striking but the whole plant shuts down because other departments are on strike, I might qualify?

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Potentially, yes. If you're unable to work due to someone else's labor dispute and you're not participating in it, you may be eligible. But you'll need to document this carefully when you file your claim.

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I went through this exact situation 2 years ago when the teamsters went on strike at my company. Even though I'm not a teamster, I couldn't work because the facility was shut down. Washington ESD initially denied my claim but I appealed and won. The key was proving I wasn't part of the striking union and had no control over the work stoppage.

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How long did the appeal process take? Did you have to go without benefits during that time?

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The appeal took about 6 weeks total. I did have to wait for benefits, but they paid me retroactively once the appeal was approved. Make sure you keep filing your weekly claims even if they're being denied.

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Six weeks without pay sounds brutal. Did you have to provide a lot of documentation for the appeal?

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Yeah, I had to get a letter from HR confirming I wasn't part of the striking unit and documentation showing I was ready and willing to work. Also had to prove the facility closure wasn't my choice.

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This whole system is ridiculous. Why should workers be punished for exercising their right to strike? The unemployment system in Washington is designed to favor employers.

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I understand the frustration, but the logic is that unemployment benefits are for people who are involuntarily out of work. Striking is considered a voluntary action, even if it's for legitimate reasons.

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That's corporate propaganda. Workers don't strike for fun - they strike when employers won't negotiate fair wages and conditions.

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Look, I get both sides, but the rules are what they are. Focus on understanding how to work within the system rather than complaining about it.

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Just file anyway and see what happens. Worst case they deny you and you appeal. I know people who got benefits during strikes by arguing it was a lockout instead of a strike.

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That's not good advice. Filing fraudulent claims can get you in serious trouble with Washington ESD. There's a big difference between a strike and a lockout legally.

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I didn't say lie about it. I said argue your case. Sometimes the line between strike and lockout isn't clear.

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Actually, that's a good point. If the employer locks you out or changes the terms significantly, it might not be considered a traditional strike situation.

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Has anyone actually talked to a Washington ESD agent about this recently? The rules might have changed and the website isn't always updated.

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Good luck getting through on the phone. I've been trying for days and can't even get into the queue.

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I'm in a similar situation but my union hasn't officially called a strike yet. We're just doing work-to-rule right now. Would that affect unemployment eligibility differently?

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Work-to-rule is different from a strike. If you're still working and following your job duties (just not doing extra), you wouldn't qualify for unemployment anyway since you're still employed.

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But what if work-to-rule leads to reduced hours? Like if they send us home early because we're not doing overtime?

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Reduced hours due to labor disputes can still disqualify you from benefits. Washington ESD looks at whether the hour reduction is related to the labor dispute, not just whether you're technically still employed.

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The timing on this is important too. If you file for benefits before the strike starts, Washington ESD might approve your claim initially but then investigate once they find out about the labor dispute.

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So I shouldn't file until after the strike is over?

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No, you should file as soon as you're unemployed if you think you qualify. Just be honest about your situation. If you qualify for benefits during a strike, the sooner you file the better.

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But if you file and get denied, does that hurt your chances if you become unemployed for other reasons later?

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No, a denial for labor dispute reasons doesn't affect future claims for different reasons. Each claim is evaluated separately.

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Check if your union has a strike fund. Some unions provide financial support during authorized strikes. It's not unemployment benefits but it's something.

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Our union does have a strike fund but it's only like $200 a week. That won't cover my mortgage.

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Yeah, strike funds are usually pretty minimal. That's why understanding your unemployment options is so important.

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Can you collect both strike fund money and unemployment if you qualify?

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I'm not sure about that. You'd probably need to report the strike fund payments to Washington ESD and they might reduce your benefits.

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Bottom line - the rules are complicated and situation-specific. If you think you might qualify, document everything and be prepared to explain your situation clearly to Washington ESD.

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What kind of documentation should I keep?

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Keep records of your union membership status, which bargaining unit you're in, any communications about the strike, and proof that you're willing and able to work if the dispute ends.

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Also document if you tried to work during the strike but couldn't due to picket lines or facility closures.

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I actually got through to Washington ESD using that Claimyr service someone mentioned earlier. The agent told me that each case is reviewed individually and they consider factors like whether you're directly involved in the dispute, your union status, and whether you have control over the work stoppage. She said the best thing is to file and provide detailed information about your specific situation.

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That's really helpful! Did they give you any specific advice about documentation?

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She said to be completely honest on the application and provide as much detail as possible about why you believe you qualify despite the labor dispute. Don't try to hide the fact that there's a strike - they'll find out anyway.

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How much did Claimyr cost? Is it worth paying to get through to them?

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For me it was worth it because I got actual answers instead of spending days trying to call. Check their website for current info.

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One more thing to consider - even if you don't qualify for regular unemployment, you might qualify for other programs if the strike goes on for a long time. Food assistance, housing help, etc.

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Good point. I hadn't thought about other assistance programs.

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Yeah, Washington has various safety net programs that don't have the same labor dispute restrictions as unemployment benefits.

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I'm actually dealing with a similar situation right now. My company just announced they're locking us out starting Monday because we wouldn't accept their latest contract offer. I've been reading through all these comments and it sounds like the key distinction is whether this is truly a lockout versus a strike. If the employer is the one preventing us from working, that might change how Washington ESD views the situation. Has anyone here dealt specifically with a lockout situation? I'm wondering if I should document that we were willing to work under the old contract but they chose to lock us out instead.

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Yes, documenting that distinction is absolutely crucial! A lockout is generally viewed more favorably by Washington ESD than a strike because the employer is the one preventing you from working, not the employees choosing to stop. Make sure you keep records showing you were ready and willing to continue working under existing conditions but the company chose to lock you out. Get any communications from management about the lockout in writing if possible. From what others have shared here, the key is proving you had no control over the work stoppage - which seems to be exactly your situation if they're locking you out rather than you going on strike.

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That's exactly right about the lockout distinction! I went through something similar last year where management locked us out after contract negotiations stalled. The key thing Washington ESD looks for is who initiated the work stoppage. In a lockout, the employer is preventing you from working even though you're willing and able to work. Make sure to document: 1) Any written notice from your employer about the lockout, 2) Evidence that you and your coworkers were willing to continue working under existing terms, 3) Communications showing the company chose to lock you out rather than continue negotiations while people worked. I'd also recommend taking screenshots of any company announcements or emails about the lockout. When I filed, I had to clearly explain the difference between our situation and a traditional strike. The Washington ESD agent I spoke to said lockouts are generally treated as employer-initiated work stoppages, which can make you eligible for benefits. Just be prepared for them to investigate the details thoroughly.

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This is really helpful information about lockouts vs strikes! I'm curious - when you filed your claim during the lockout, did Washington ESD ask for any specific documentation from your employer, or was it mainly based on what you provided? I'm worried that if I file and my company disputes it, they might try to characterize the lockout as something else. Also, how long did it take for your benefits to get approved? I'm trying to figure out if I should file immediately when the lockout starts Monday or wait to see how long it lasts.

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