Can Below-the-Liners Collect Unemployment in a Strike?
- The rules that determine who is eligible for unemployment benefits depend on the state in which a worker is located. In nearly all states, however, a person can only receive unemployment benefits if he lost a job through no fault of his own. So, if a person loses his job because he is laid-off through the result of a strike, then he can generally receive unemployment benefits, as he was thrown out of the job involuntarily.
- Many below-the-liners work only when productions of movies, television shows and other entertainments are being produced. If the production is no longer going on, then the below-the-liner will be thrown out of work. A below-the-liner will generally be eligible for benefits if a profession on whose job his own livelihood depends -- such as a writer or an actor -- throws a monkey wrench in the works and decides to go on strike.
- However, if a below-the-liner himself is on strike, then he will most likely not be eligible for unemployment benefits. This is because, according to the laws in most states, a person can only receive benefits if he leaves his job involuntarily. If a person chooses to go on strike, then he is leaving his job by choice and, therefore, will not qualify for benefits in most cases.
- According the Legal Reference website FindLaw, a person who is involved in a strike cannot usually collect unemployment benefits during a strike. However, in some states, if the employer has violated federal law or the employer has locked out employees, then the employee striking may be entitled to insurance benefits. This is because the employee is, in effect, being forced out of his job. However, in all cases, the only way to know whether a below-the-liner qualifies for benefits is if he checks with his state government.