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Why can people on strike get unemployment benefits but those who quit can't? ESD rules confusion

I was just talking with my brother-in-law who's part of a union that's threatening to strike next month, and he mentioned something that doesn't make sense to me. He said if they go on strike, they can file for unemployment while striking. But when I left my toxic job last year, ESD denied my claim because I 'voluntarily quit.' How is that fair? Both are voluntary decisions to stop working, right? Does anyone know the actual rules for strike-related unemployment in WA? Seems like a strange loophole in the system.

Emma Davis

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Actually, this is a common misconception. In Washington, people on strike generally DON'T qualify for unemployment benefits because it's considered a labor dispute. There's a specific disqualification in ESD rules for workers participating in a strike or labor dispute. Your brother-in-law might be confusing this with lockouts (where employers prevent workers from working) which sometimes DO qualify for benefits.

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Oh really? That makes more sense. Maybe he was talking about a lockout situation then. So striking doesn't qualify but being locked out might? What's the actual difference from ESD's perspective?

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LunarLegend

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I WAS ON STRIKE in 2023 and couldn't get unemployment!!!! The ESD agent literally told me 'you are not eligible due to participating in a labor dispute' so whoever told your brother that is WRONG!!! Tell him not to count on that money cause it AIN'T COMING!!!!

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Malik Jackson

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Yeahhh my cousin said the same thing when his factory went on strike. ESD denied everyone. Some unions have strike funds to help members during strikes, maybe that's what he's thinking of?

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To clarify: Under WA unemployment law, workers are typically disqualified during a strike/labor dispute. However, there are some exceptions where striking workers might qualify: 1. If you're not participating in or financing the strike 2. If you're not a member of the grade/class of workers involved in the dispute 3. If you're locked out by the employer as a response to a strike And regarding quitting: While voluntary quits are generally disqualified, you CAN qualify if you quit with "good cause" (unsafe conditions, significant schedule changes, etc). Each situation is evaluated individually by ESD.

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Thanks for the detailed explanation! So it sounds like most strikers don't qualify, but there are some exceptions. And I wish I'd known about the "good cause" thing when I quit - my boss was definitely creating a hostile work environment but I didn't document it well enough.

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Ravi Patel

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I think it matters if ur in the union too vs just working somewhere thats on strike. like if u work at the grocery store but arent union and then the union goes on strike and u cant work u might get unemployment but the actual strikers dont?? idk just what i heard

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You're absolutely right. Non-union workers who can't work due to a strike (through no participation of their own) often CAN qualify for benefits. The key distinction ESD makes is whether you're directly involved in/supporting the labor dispute.

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Freya Andersen

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I went through this exact situation last spring! My union went on strike, and everyone who applied for unemployment got denied. It was really rough for a lot of families. We had to rely on the union strike fund which only covered about 30% of my regular paycheck. What's interesting is that after the strike, some people who weren't in the union but couldn't work because of the strike DID get benefits. So the rules definitely seem to penalize the actual strikers.

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Omar Zaki

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Did any of you try appealing the decision? I heard some people got approved after appeal if they could prove they weren't directly involved in organizing the strike activities even if they were union members. Just curious if anyone had success with that route.

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Malik Jackson

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When I got laid off last year, it took me FOREVER to actually reach an ESD agent to sort out my claim issues. Called like 50+ times over several days and kept getting disconnected. Finally used this service called Claimyr (claimyr.com) that got me through to an actual ESD representative in about 20 minutes. They have a video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3 Not sure if your brother-in-law will end up needing to file a claim, but if he does have questions about strike eligibility, talking directly to ESD is the only way to get definitive answers since these situations can be complicated.

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Thanks for the tip. I've definitely experienced the ESD phone nightmare before. If my brother-in-law does need to apply, I'll let him know about that service. Getting accurate information directly from ESD would be way better than all this conflicting info.

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Omar Zaki

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There's also a timing factor with strikes that most people don't realize. The labor dispute disqualification has a "waiting week" too - so sometimes very short strikes (under a week) don't even come into play with unemployment because by the time you could file and serve your waiting week, you're back at work anyway. Probably why there's so much confusion about this topic.

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Freya Andersen

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That's a really good point! Our strike lasted 3 weeks, so we definitely hit that threshold. But for shorter actions, it probably doesn't even matter.

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CosmicCrusader

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my mom works for esd (not saying this as official advice just what she told me) and she said the big difference is that with strikes theyre looking at if you are "directly involved in the labor dispute" vs if you quit they're looking at if you had "good cause" which is a totally different standard. so its not really a fair comparison to begin with

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This is an excellent point. ESD applies different sections of the law to different situations. For voluntary quits, they look at RCW 50.20.050 regarding "good cause" provisions. For labor disputes, they apply RCW 50.20.090 which has completely different criteria. They're evaluated under separate standards.

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