What rights does an employer have when employees strike?
Author: Irene Stavrellis Englert, Englert Legal Consulting, LLC
An employer may take the following actions during a strike:
- Urge striking employees to return to work, so long as there are no threats of reprisals or promises of benefits;
- Stop paying striking employees and contributing to their benefits;
- Deny unemployment compensation benefits to striking employees, provided that state law allows such action;
- Terminate or discipline striking employees who engage in serious misconduct, such as using violence against non-striking employees or destroying the employer's property;
- Continue operations by using managerial and supervisory personnel, as well as other employees who are not participating in the strike;
- Subcontract work on a temporary basis in order to maintain business operations; and
- Hire temporary and permanent replacement employees during an economic strike to protect and continue business operations.