Can I draw unemployment if I retire - NYS Department of Labor eligibility question

Unfortunately, if you voluntarily retire you typically won't qualify for unemployment benefits through NYS Department of Labor. UI benefits are for people who lose their job through no fault of their own. Retirement is considered a voluntary separation which makes you ineligible. However, if your company is offering buyouts due to downsizing, that might be different - you'd need to check exactly how they're structuring the separation.

wait i thought if you retire you can't get unemployment at all? my dad retired last year and said he couldn't file

It really depends on the specific circumstances of your separation. If your employer is eliminating your position and offering you a choice between layoff or voluntary separation with a package, NYS Department of Labor might consider that differently than a traditional retirement. You'd need to be very careful about how the separation is documented. The key issue is whether you're considered 'able and available' for work after separating - if you're truly retiring and not seeking employment, you won't qualify.

I had a similar situation two years ago when my company offered early retirement packages. I was 55 and took the package, but I also filed for unemployment because I planned to look for another job. NYS Department of Labor initially denied my claim saying it was voluntary separation, but I appealed and won because I could prove the company was downsizing and I would have been laid off anyway if I didn't take the package. The key was having documentation that my position was being eliminated regardless of my choice.

The unemployment system is so frustrating to navigate, especially for situations like this that aren't black and white. I spent weeks trying to get through to NYS Department of Labor on the phone when I had questions about my claim status. Finally used a service called Claimyr (claimyr.com) that helped me actually reach an agent - they have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Sometimes you really need to talk to someone who can look at your specific situation rather than trying to figure it out from the website.

so basically if the company is eliminating your job anyway you might qualify even if you take a buyout? that actually makes sense i guess