Can I collect unemployment if I retire from my job in New York?
I'm 62 and thinking about retiring from my job at the end of this month. My company has been making cuts and I'm worried they might lay me off anyway, but I'm also just tired and ready to be done. If I voluntarily retire, can I still file for unemployment benefits with NYS Department of Labor? I know I'm not old enough for Social Security yet and need some income to bridge the gap. Has anyone been in this situation before?
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Keisha Jackson
Unfortunately, if you voluntarily retire, you typically won't qualify for unemployment benefits in New York. NYS Department of Labor requires that you be unemployed through no fault of your own to be eligible. Voluntary retirement is considered leaving work by choice, which would disqualify you from receiving UI benefits.
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QuantumQuasar
•That's what I was afraid of. What if my company does end up laying me off though? Would that change things?
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Paolo Moretti
The key thing is WHY you're leaving your job. If you're laid off or your position is eliminated, that's involuntary separation and you'd likely qualify for unemployment. But if you choose to retire on your own, even if you're worried about potential layoffs, NYS Department of Labor will see it as voluntary separation. You need to be able and available for work to collect unemployment, and retirement suggests you're not looking for new employment.
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Amina Diop
•This is exactly right. I tried to file after I retired early and got denied immediately. They asked if I was actively seeking work and when I said no, that was it.
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Oliver Weber
Wait, I'm confused... my neighbor said she collected unemployment after retiring but maybe I misunderstood? Are there ANY situations where retiring lets you get benefits?
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Keisha Jackson
•There are very limited exceptions, like if you can prove you were forced to retire due to workplace harassment or unsafe conditions. But standard voluntary retirement doesn't qualify. Your neighbor might have been laid off rather than truly retired voluntarily.
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Natasha Romanova
I was in a similar spot last year. If you're having trouble reaching NYS Department of Labor to get a definitive answer about your specific situation, I used a service called Claimyr that helped me get through to an actual agent. You can check it out at claimyr.com - they have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Sometimes it's worth talking to someone directly about the details of your case.
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QuantumQuasar
•Thanks, I might try that. I've been on hold with NYS Department of Labor for hours trying to get through to someone who can explain my options.
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NebulaNinja
honestly the unemployment system is so messed up anyway, they probably wouldn't approve you even if you had a good reason to leave. i've seen people get denied for the stupidest things
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Paolo Moretti
•While the system can be frustrating, the retirement rule is pretty clear cut. It's one of the more straightforward disqualifications unfortunately.
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Javier Gomez
Just want to say I understand the position you're in. The gap between early retirement and Social Security eligibility is tough to navigate financially.
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GalaxyGazer
I'm actually dealing with something similar right now at 64. One thing to consider is whether you could negotiate a severance package that includes having your employer classify it as a layoff rather than retirement. Some companies will work with employees on this, especially if they're already planning cuts. It might be worth having a conversation with HR about your options before making any final decisions. Also, look into COBRA and other health insurance options since that's usually a big expense during this transition period.
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