Strikes and unemployment: how to access benefits during labor disputes
It is important to stand up for labor rights, which can sometimes lead to labor disputes, most commonly strikes organized by a union. The period during a labor dispute can become financially stressful due to the lack of regular income. Fortunately, people who participate in a strike may qualify for unemployment benefits if they meet the other basic eligibility requirements for Unemployment Insurance. Here are some instances when unemployment benefits can be requested during a labor dispute:
- If the Division of Unemployment Insurance determines that the labor dispute did not cause a “work stoppage” (defined as when the employer is unable to produce 80% of its normal production amount), one can receive unemployment benefits without a waiting period.
- If the Unemployment Insurance Division determines that the labor dispute caused a work stoppage, one can still receive benefits, but may have to wait 14 days (approximately 2 weeks).
- If the Division determines that the employer is preventing you from working despite the union's instructions to continue working, you should be able to collect unemployment benefits without a waiting period.
- If the Division decides that the labor dispute caused a work stoppage because the employer is not complying with the union's collective bargaining agreement or state or federal laws regarding working conditions, you can collect unemployment benefits.
- If the Division determines that you have not been prevented from working, that the employer has not violated state or federal laws, and that the employer is following the collective bargaining agreement, you may still apply for benefits, but you will be subject to a 14-day waiting period. This waiting period does not apply if the Division determines that the employer has hired a replacement worker.
Please note that you must meet all other unemployment eligibility requirements to qualify for Unemployment Insurance. Be sure to review the criteria this article before submitting the application.
Once you determine that you are eligible, it is important to figure out when you should file for Unemployment Insurance. If you have been working less than full-time, file on the first day you would have worked but were unable to. If you have completed your regular hours during the week but will not be working full-time the following week, file for benefits on the Sunday after the first week of missed work.
When filing your application, be sure to accurately state that the cause of unemployment is due to a labor dispute. You can do this in the Employment Information Section when asked why you ended your work or changed your schedule. For this question, select the “Strike/Labor Dispute” drop-down option.
Understanding the nuances of unemployment benefits during a labor dispute is crucial to managing financial stability while advocating for your employment rights. By familiarizing yourself with the eligibility criteria and filing procedures, you can navigate this challenging period more effectively.
Source: Division of Unemployment Insurance | Labor Disputes and Strikes (nj.gov)
Source: Division of Unemployment Insurance | Who is eligible for benefits? (nj.gov)