Can I collect unemployment when I retire from my job in NY?
I'm 58 and planning to retire from my company next year after 25 years. My wife thinks I can collect unemployment benefits after I retire but I'm not so sure about that. Does anyone know if you can collect unemployment when you retire? I'm not being laid off or fired, just choosing to retire. Would love to hear from anyone who's been through this with NYS Department of Labor.
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Issac Nightingale
Unfortunately, you cannot collect unemployment benefits if you voluntarily retire. NYS Department of Labor requires that you be unemployed through no fault of your own to qualify for UI benefits. Retirement is considered a voluntary separation from employment, which makes you ineligible for benefits.
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Serene Snow
•That's what I was afraid of. My wife was convinced we could get benefits but it didn't sound right to me.
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Romeo Barrett
yeah my dad tried this when he retired at 62 and got denied right away
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Marina Hendrix
The key requirement for unemployment is that you must be able and available for work. If you're retiring, you're essentially saying you don't want to work anymore, which disqualifies you from benefits. However, if you're forced into early retirement due to layoffs or company restructuring, that's different - you might qualify in those situations.
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Justin Trejo
•What if someone retires but then decides they want to work again? Can they apply for unemployment then if they can't find a job?
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Marina Hendrix
•That's a tricky situation. You'd have to prove you're genuinely seeking employment and available for work. NYS Department of Labor would likely scrutinize that closely since you previously chose to retire.
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Alana Willis
I had so much trouble getting through to NYS Department of Labor when I had questions about my eligibility after being laid off. If you need to speak with someone directly about your specific situation, I used a service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. Saved me hours of trying to call.
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Tyler Murphy
The unemployment system is SO confusing! I thought retired people could get benefits too but apparently not. What's the point of paying into the system all those years if you can't use it when you need it???
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Issac Nightingale
•Unemployment insurance is specifically designed for people who lose their jobs involuntarily and are actively looking for new work. It's not a retirement benefit - that's what Social Security and pensions are for.
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Sara Unger
My neighbor went through something similar. He thought he could retire early and collect unemployment but NYS Department of Labor told him no way. He ended up having to look for part-time work instead.
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Isabella Oliveira
I'm in a similar situation - 55 and considering early retirement but definitely need some income bridge before I can access my 401k and Social Security. From what I'm reading here, it sounds like unemployment is off the table if you voluntarily retire. Has anyone looked into other options like part-time work or consulting in your field after retirement? I'm wondering if there are other state programs that might help with the transition period.
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Javier Cruz
•I'm facing the same dilemma at 60! After researching this extensively, you're right that unemployment is off the table for voluntary retirement. I ended up looking into a few alternatives: some people do freelance consulting in their field (you can often set your own schedule), and there are programs like AARP's job placement services that focus on mature workers. Also worth checking if your state has any workforce development programs for older adults. The gap between retirement and accessing retirement funds is definitely challenging - you might want to talk to a financial advisor about strategies like Roth IRA conversions or part-time work that won't impact future Social Security benefits too much.
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Pedro Sawyer
Just wanted to add some clarity here - I work in HR and deal with unemployment claims regularly. The NY Department of Labor is very strict about the "involuntary separation" requirement. Even if you negotiate a severance package as part of your retirement, it's still considered voluntary if you initiate the retirement process. However, if your company offers an early retirement package due to downsizing or restructuring, that might be treated differently - they sometimes consider those "constructive dismissals." You'd need to document that the company initiated the offer, not that you requested early retirement. Worth consulting with an employment attorney if you're in that gray area situation.
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Emily Thompson
•This is really helpful information about the "constructive dismissal" angle! I hadn't considered that early retirement packages offered by companies might be treated differently than self-initiated retirement. @af9141880afe Do you happen to know what kind of documentation would be most important to have if someone finds themselves in that gray area situation? Like would emails from HR about company-wide restructuring be sufficient, or do they need more formal paperwork?
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Zainab Yusuf
•@af9141880afe That's really insightful about the constructive dismissal angle - I hadn't realized there was that distinction! For the original poster @a190b316302e, it sounds like since you're planning to voluntarily retire rather than being offered an early retirement package by your company, you'd unfortunately fall into the "voluntary separation" category that disqualifies you from unemployment benefits. But if your company happens to offer any early retirement incentives due to restructuring between now and when you retire, that could potentially change things. Definitely worth keeping an eye on!
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