Protasiuk, Ewa. 2026. “The Foundational Role of Legal Status Categories in Stratifying Job Loss Outcomes.” Social Problems. https://doi.org/10.1093/socpro/spag014
Abstract: Job loss is a common, stratifying experience in the contemporary labor market, but scholars have undertheorized its relationship to a major axis of inequality: legal status. To bridge this gap, this paper uses qualitative data from interviews and participant observation to compare outcomes after job loss among 76 restaurant workers in three different legal status categories (U.S.-born citizens, immigrants who are legally authorized to work, and immigrants without this authorization). Situated amidst a discussion of unemployment regulations and legal status categories as sites of governance and stratification, my findings point to two mechanisms of legal status-based stratification among unemployed workers. First, legal status directly determines eligibility for unemployment relief. Second, legal status divergently shapes interactions with the unemployment relief system due to differing risks of legal violence associated with distinct statuses. I show that, through these mechanisms, legal status stratifies workers’ agency over the timing and conditions of their return to work after job loss. I also discuss gendered patterns within legal status categories. These findings extend the framework of unemployment as a socially stratifying institution, integrate legal status into theories of gender in unemployment stratification, and contribute to literatures on immigrant job loss as well as immigration and stratification.
Author: Ewa Protasiuk is an incoming Assistant Professor of Sociology at the University of Texas Rio Grande Valley.