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I went through a similar situation when I was considering early retirement at 56. After doing a lot of research and speaking with NYS Department of Labor directly, I can confirm what others have said - voluntary retirement absolutely disqualifies you from unemployment benefits. The system is designed for people who lose their jobs involuntarily and are actively seeking new employment. Since retirement means you're choosing to stop working, you don't meet the "able and available for work" requirement. My advice would be to focus on building up your savings for that bridge period and maybe look into part-time or consulting opportunities in your field. Don't count on unemployment as part of your retirement planning - it's just not going to happen with voluntary retirement in NY.
@b4ff4b44430f Thanks for confirming this with direct contact to NYS Department of Labor - that really settles the question! It's disappointing but good to know definitively. For @a190b316302e and others in similar situations, it sounds like the consensus is clear: we need to plan for that income gap without relying on unemployment benefits. I'm wondering if anyone has experience with COBRA health insurance costs during early retirement? That's another expense to factor in when planning for voluntary retirement without unemployment benefits to help bridge the gap. The healthcare costs alone might make it worth considering working part-time instead of full retirement.
I'm 61 and went through this exact scenario last year. After 30+ years with my company, I thought there might be some way to collect unemployment after retiring, but NYS Department of Labor made it crystal clear - voluntary retirement = no benefits, period. The representative I spoke with explained that you have to be "unemployed through no fault of your own" and actively seeking work. When you retire, you're literally telling them you don't want to work anymore, which is the opposite of what unemployment insurance is for. I ended up postponing my retirement by 18 months to build up more savings specifically because I couldn't count on unemployment. If you're set on retiring next year, make sure you have enough saved to cover all your expenses (including health insurance!) until you can access your retirement accounts or Social Security. Don't make the same assumption I initially did - unemployment is definitely not part of the retirement equation in NY.
@Mia Rodriguez - Based on what you've described with working 25-30 hours at $15/hour, you should definitely have enough credit weeks! Those earnings would put you well over the $143 minimum threshold. The key thing is making sure those wages were reported correctly by your employers to NYS. If you're still unsure about your exact count, you might also try visiting a local Department of Labor career center - sometimes the in-person staff can pull up more detailed information than what's available online. They're usually less busy than the phone lines too.
That's really helpful advice about the career centers! I didn't know they could access more detailed info than the online portal. I'll definitely try visiting one in person since calling seems impossible. Thanks for the tip about the in-person staff being less busy too - that gives me hope I can actually get some answers.
Just want to add that if you're still working part-time while applying for unemployment, those current earnings could affect your weekly benefit amount but shouldn't impact your credit weeks eligibility since that's based on your past work history. Make sure to report any part-time work when you certify each week though! Also, if you worked for multiple employers during your base period, all of those jobs contribute to your total credit weeks as long as each week you earned over the minimum threshold from any combination of those jobs.
I went through something similar last year. In NY, employers can contest for misconduct, but they need to prove it was willful and work-related. A single verbal warning from months ago probably isn't enough to establish a pattern of misconduct, especially if there's no documentation. Keep records of everything - your layoff notice, any emails mentioning budget cuts, etc. During the fact-finding interview, be honest and stick to the facts. If they really did lay you off due to budget issues, that should come out in the investigation. Don't panic yet - many employer contests fail when they can't provide proper documentation.
This is really helpful, thank you! I do have the email from HR about the layoffs being due to budget constraints, so that should help my case. It's reassuring to know that one old verbal warning probably won't be enough for them to prove misconduct. I'm trying to stay positive but this whole situation has me so anxious about my finances.
I'm going through this exact situation right now too! My employer is claiming I was terminated for poor performance when I was actually laid off due to downsizing. From what I've learned, NY requires employers to prove misconduct was "deliberate and willful" - not just poor performance or isolated incidents. The fact that you have documentation about budget cuts is huge in your favor. I'd also recommend requesting your personnel file from your former employer if you haven't already - sometimes they can't produce the documentation they claim to have. The waiting is absolutely nerve-wracking but try to stay focused on gathering any evidence that supports the real reason you were let go.
Thanks for sharing your experience! It's oddly comforting to know I'm not alone in dealing with this mess. I never thought to request my personnel file - that's a great idea. Do you know how long employers have to respond to that request in NY? I'm hoping they won't be able to produce any real evidence of misconduct since there really wasn't any. The whole thing just feels so unfair when you're already stressed about losing your job and then have to fight for benefits you should be entitled to.
I went through this same confusion when I first started collecting! The 3 work search activities per week requirement is correct, but I'd also recommend calling your local One-Stop Career Center if you have questions about what counts. They're usually more helpful than trying to get through to the main NYS DOL phone lines. Also, don't forget that things like updating your resume, attending workshops (even virtual ones), or networking on LinkedIn can count as valid activities too. The key is just documenting everything properly with dates and details in case they ask for your records later.
That's really good to know about the One-Stop Career Centers! I didn't realize they could help clarify the work search requirements. I've been stressing about whether I'm doing enough, but it sounds like between job applications, updating my LinkedIn profile, and attending some online workshops, I should be meeting the 3 activities per week. The documentation part seems super important from what everyone is saying - I'm going to start being much more detailed in my tracking just to be safe.
I've been collecting unemployment in NY for about 6 months now and can confirm it's 3 work search activities per week. What really helped me was setting up a routine - I dedicate Monday, Wednesday, and Friday to my job search activities. Sometimes I'll do more than 3 if I find good opportunities, but the minimum is definitely 3. One thing I wish someone had told me earlier is that you can also count things like reaching out to professional contacts, attending virtual career fairs, or even taking online courses related to your field. The NYS DOL is pretty flexible about what counts as long as it's a genuine effort to find work and you document it properly. I use a simple Excel sheet to track everything - date, activity type, company/organization, and any follow-up actions. Haven't had any issues with my benefits so far!
Nora Bennett
Just want to add some reassurance here - I went through this exact situation about 6 months ago. Got fired for performance issues (missed deadlines) and was terrified my employer would fight it. They didn't even contest it, and I started receiving benefits within 2 weeks of filing. The whole "employer paying" thing confused me too at first, but think of it like car insurance - you pay premiums all year, then when you need coverage, the insurance company pays out. Same concept here except employers pay the "premiums" (UI taxes) and the state pays the "claims" (your benefits). File online as soon as you can and keep copies of everything. The worst they can say is no, and even then you can appeal. You've got legal right to these benefits if you qualify!
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Anna Xian
•This is really encouraging to hear! I was so worried about the whole process but your car insurance analogy makes it click for me. I'm definitely going to file online today - waiting isn't going to make it any easier. Thanks for sharing your experience, it helps knowing someone went through the same thing and came out okay on the other side.
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Brianna Schmidt
Sofia, I went through something very similar when I got let go for not hitting my quotas at a retail job. The anxiety about whether your former boss will contest your claim is totally understandable, but here's what I learned: even if they do contest it, you have the right to appeal and present your side of the story. Since you were fired for performance (not meeting sales targets) rather than misconduct like stealing or harassment, you should be eligible. The Department of Labor looks at whether you were fired for reasons within your control vs. your employer's business needs. Not meeting targets when you were genuinely trying your best usually falls into the latter category. File your claim ASAP since benefits are calculated from when you file, not when you were terminated. Be honest about the termination reason but focus on the facts - you were let go for not meeting sales goals despite your efforts. Good luck!
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