Can you collect unemployment if you take early retirement - NYS Department of Labor eligibility question
I'm 62 and thinking about taking early retirement from my company next month, but I'm wondering if I'd still be eligible for unemployment benefits through NYS Department of Labor? My pension wouldn't start until I'm 65, so I'd need some income bridge. I've been with the same employer for 28 years and they're offering an early retirement package. Would voluntarily retiring disqualify me from UI benefits? Has anyone dealt with this situation before?
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Oliver Fischer
Generally speaking, if you voluntarily retire you won't be eligible for unemployment benefits because you're not considered 'able and available' for work. NYS Department of Labor requires that you be actively seeking employment and ready to accept suitable work. However, there might be exceptions depending on your specific circumstances - like if your employer forced the early retirement or if there were layoffs involved.
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Amina Sy
•It's technically voluntary but they're basically pushing everyone in my department toward early retirement. Does that make a difference for NYS Department of Labor eligibility?
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Natasha Ivanova
I took early retirement at 63 last year and was denied UI benefits. They said since I chose to retire I wasn't available for work. Even though I would have been willing to work somewhere else, the retirement designation killed my claim.
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Amina Sy
•That's exactly what I was worried about. Did you try to appeal the decision at all?
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Natasha Ivanova
•No I didn't appeal because my lawyer friend said it would be a waste of time. Maybe I should have tried though.
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NebulaNomad
The key issue is whether you're truly 'able and available' for work if you're taking retirement. If you're genuinely looking for another job and not just trying to collect benefits until your pension kicks in, you might have a case. But NYS Department of Labor scrutinizes these situations pretty carefully. You'd need to show you're actively job searching and would accept suitable employment.
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Javier Garcia
•This is really confusing though - how can they prove you're not really looking for work vs actually wanting a job? Seems like a gray area to me.
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Emma Taylor
Had a nightmare trying to get through to NYS Department of Labor when I had questions about eligibility requirements. Spent hours on hold just to get disconnected. Finally used this service called Claimyr (claimyr.com) that actually got me connected to a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to speak with someone directly about your specific situation.
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Amina Sy
•Thanks for the tip! I definitely need to talk to someone at NYS Department of Labor before making any decisions about the retirement package.
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Malik Robinson
wait so if your company offers early retirement you cant get unemployment?? that seems unfair since its not really your choice if they're pressuring you
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Oliver Fischer
•It depends on how the separation is classified. If it's documented as a voluntary retirement, that's different from being laid off or having your position eliminated. The paperwork matters a lot for UI eligibility.
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Isabella Silva
I'm dealing with something similar - my company is offering early retirement to avoid layoffs. HR said we could potentially still qualify for unemployment if we don't actually retire but just leave the company. Maybe look into that option instead? Though I'm not sure how NYS Department of Labor would view it.
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