ABA Family Legal Guide

Law and the Workplace

Leaving a Job

Unemployment Insurance

Are workers who are on strike entitled to collect Unemployment Insurance (UI) benefits?

It depends on the specific state law. A few states allow workers to collect UI if the strike is caused by an employer's violation of the National Labor Relations Act (NLRA) or an employer's breach of the collective bargaining agreement. Some states allow workers to collect UI if the employer has locked out the workers.

Most states, however, do not permit workers on strike to collect UI benefits. The period of disqualification varies by state--in some states, the disqualification lasts for the duration of the strike; in other states, the disqualification lasts for a fixed period of time. If a striker is permanently replaced, however, the worker then may be eligible for UI benefits.