An autoworker's guide to determine eligibility for jobless benefits during the strike
As the United Auto Workers strike against the Detroit Three automakers continues, its impact extends well beyond the three plants the union targeted in the initial wave of walkouts.
As of Oct. 24, more than 45,000 UAW workers are on strike against the Detroit Three automakers in states across the country, from California to Massachusetts.
Ford Motor Co., General Motors Co. and Stellantis have all said they are laying off other employees as a consequence of the strike. About a third of automotive parts suppliers have made layoffs due to the strike, according to a recent survey by a group that represents these companies.
The latest strike news: UAW expands strike to profitable GM Arlington Assembly plant in Texas
That means thousands of workers will be out of a job and those who aren't eligible for the UAW's strike pay will likely be looking to file for unemployment insurance benefits.
The Detroit Free Press talked with labor experts, employment attorneys and unemployment insurance agencies in some affected states to get clarity on who may be eligible for such benefits.
Spokespeople for various state unemployment insurance agencies widely cautioned that every claim is unique and decisions will be based on specific circumstances.
Tony Paris, the lead attorney at the Sugar Law Center for Economic and Social Justice in Detroit, said his main takeaway is this: "Any worker who is laid off, furloughed, faces a reduction in hours or is separated during the strike should still file a claim for benefits to shift the burden to the employer to have to show a nexus or connection between their layoff/separation and the strike."
While every case depends on specific circumstances, there is a general consensus on who likely is, and who is not, eligible for jobless benefits. Here are answers we found to common questions.
Am I eligible for unemployment benefits if I am on strike?
Most likely, no.
In general, under Michigan law employees who are on strike are not eligible to receive unemployment benefits, Nick Assendelft, a spokesperson for Michigan's Unemployment Insurance Agency, said. However, he said, each claim filed is evaluated by UIA staff on its own merits to determine whether a worker qualifies for benefits.
That's also true across most of the states where workers are striking, with a few exceptions.
Strikers are eligible for benefits in New Jersey and New York, Marick Masters, a business professor at Wayne State University, said, meaning workers at Stellantis' parts distribution center in Tappan, New York, should be eligible for unemployment insurance benefits.
The governor of California, meanwhile, vetoed a bill in September that would have made striking workers eligible for unemployment insurance benefits.
Am I eligible for unemployment benefits if I've been laid off by a Detroit Three automaker at a non-striking plant?
This is where things get tricky.
Thousands of workers have been laid off since the start of the strike in mid-September, with automakers often citing an interconnected production system as the reason for the layoffs.
In this situation, the clearest dividing line is the union contract, said Jacob Fallman, the UIA policy coordinator for the Sugar Law Center. If a Detroit Three worker at a non-striking plant is laid off because of the strike and they are covered by the contract, Fallman said they would likely not qualify for benefits.
In Ohio, sometimes other employees of a company with striking workers may be disqualified from receiving unemployment benefits, Bill Teets, a spokesperson for Ohio's Department of Job and Family Services, said. Jodi Tinson, a spokesperson for Stellantis, which has a striking plant in the state, said it's the company's understanding that an employee who is laid off as a result of a labor dispute (such as a strike at another location) is disqualified from receiving unemployment benefits in both Ohio and Michigan.
Maura Browning, a spokesperson for Missouri's Department of Labor and Industrial Relations, said non-striking workers in Missouri will be rendered ineligible as they are part of the collective bargaining unit, which will be the case for at least one of the local UAW chapters, she said.
In Kansas, eligibility for unemployment benefits is also dependent upon being a member of the UAW bargaining unit, Becky Shaffer, a spokesperson for the Kansas Department of Labor, said.
Am I eligible for unemployment benefits if I work for a Detroit Three automaker and was laid off by my employer but I'm not UAW-represented?
Likely, yes.
Most states also allow benefits to workers affected by a strike as long as they are not "participating in the dispute, financing it or directly interested in it," Michele Evermore, a senior fellow at The Century Foundation, a progressive, independent think tank, said in a recent blog post on the think tank's website.
Evermore said in some states though, such as Michigan, workers who work for a firm where there is a labor dispute are not eligible for unemployment benefits if they lose work during the strike, even if they are not in the bargaining unit.
There is some ambiguity with this situation in Michigan.
Paris said it depends on how "directly interested" the worker is in the strike.
"You can imagine that many employees at these facilities who are not in the union, in a different union or perhaps employed by a contract/temp firm shouldn’t necessarily be disqualified because the resolution of the strike may not reasonably be expected to affect their wages, hours or other conditions of employment," he said.
When asked about this scenario, Assendelft said, "Recognizing that every claim is unique, we will continue to evaluate each one on its own merits to determine benefit eligibility."
Am I eligible for unemployment benefits if was laid off because my employer is affected by the strike?
Most likely, yes.
Fallman believes this group — businesses that provide materials or services to the affected plants — "are most clearly qualified for unemployment."
More on strike's impact on suppliers: Auto suppliers say if UAW strikes expand to more plants, it could mean the end for many
How do I file for unemployment insurance?
Workers should file for unemployment insurance benefits in the state they work in and most states encourage claimants to file for benefits online. The websites where claimants can file for benefits are found below, organized in alphabetical order by state. It generally takes two to three weeks after workers file a claim to receive their first benefit check, according to the U.S. Department of Labor.
California: EDD.CA.gov/en/unemployment
Colorado: CDLE.Colorado.gov/unemployment/file-a-claim
Florida: FloridaJobs.org
Georgia: DOL.Georgia.gov
Illinois: IDES.Illinois.gov
Kansas: Workers can go to DOL.KS.gov/unemployment. The state's Department of Labor has a guide for strikes and lockouts posted on its site. Claimants are eligible for up to $589 a week for up to 16 weeks.
Kentucky: KCC.KY.gov
Maryland: Beacon.Labor.Maryland.gov
Massachusetts: Mass.gov/unemployment-insurance-ui-for-workers
Michigan: Workers can visit Michigan.gov/UIA to file an unemployment claim. Over the past year, Michigan's UIA said it has put into place various initiatives to make it easier to file for benefits, including a six-step guide to applying for and understanding unemployment benefits and offering online first-time filer coaching sessions. Claimants can receive up to $362 benefits for a maximum of 20 weeks.
Minnesota: UIMN.org
Mississippi: Mdes.ms.gov/unemployment-claims
Missouri: Workers can file their claims at MO.gov/work/unemployment. The maximum weekly benefit is $320 for a maximum of 20 weeks.
Nevada: UI.NV.gov
New York: DOL.NY.gov/unemployment/file-your-first-claim-benefits
North Carolina: DES.NC.gov/individuals/apply-unemployment
Ohio: Workers can file their unemployment claims at Unemployment.Ohio.gov. A step-by-step guide on how to file for benefits can be found at that site. The maximum weekly benefit amount is $757 for up to 26 weeks.
Oregon: Unemployment.Oregon.gov
Pennsylvania: UC.PA.gov
Tennessee: TN.gov/workforce/unemployment
Texas: TWC.Texas.gov/jobseekers/unemployment-benefits-services
Virginia: VEC.Virginia.gov/unemployed
West Virginia: WorkforceWV.org/individuals/claimants
Wisconsin: DWD.Wisconsin.gov/uiben
Contact Adrienne Roberts: amroberts@freepress.com.
This article originally appeared on Detroit Free Press: A guide to unemployment benefits for workers impacted by the strike
