Can you collect unemployment if you take early retirement in NY?
I'm 62 and thinking about taking early retirement from my job at the county. My pension wouldn't start until I'm 65 though, so I'd have a gap of about 3 years with no income. Can I file for NYS Department of Labor unemployment benefits if I voluntarily retire early? Or do they consider that quitting without good cause? I've been working for 28 years and really need some income during this gap period before my pension kicks in.
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Nora Bennett
Unfortunately, voluntary retirement typically disqualifies you from unemployment benefits in NY. The NYS Department of Labor considers retirement a voluntary separation from employment, which means you left without good cause related to your work. You'd need to show you were forced to retire or had compelling personal reasons that made continuing work impossible.
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Oscar Murphy
•That's what I was afraid of. What if my employer offers an early retirement package - would that change anything?
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Ryan Andre
Wait, there might be exceptions depending on your specific situation. If your employer is restructuring and offering voluntary retirement as part of layoffs, or if you have health issues that prevent you from working, you might still qualify. The key is whether you can show good cause for leaving. Also, if you're available and actively seeking work, that's another factor NYS Department of Labor considers.
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Oscar Murphy
•I am willing to work part-time or find something else. My health is okay but the job stress has been really affecting me lately.
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Lauren Zeb
Been there done that! Took early retirement at 60 and got denied for UI initially. Had to appeal and show that I was actively looking for work and that my employer basically pushed older workers toward retirement. It took months but I eventually got approved. The trick is proving you're genuinely seeking employment, not just trying to bridge to your pension.
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Oscar Murphy
•How did you prove they were pushing older workers out? Did you need documentation?
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Lauren Zeb
•I had emails and meeting notes where they kept talking about 'refreshing the workforce' and offered better packages to people over 55. Also had my job application history ready to show I was seriously job hunting.
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Daniel Washington
honestly the whole system is so confusing, I tried calling NYS Department of Labor like 50 times to ask about this exact situation and could never get through to talk to an actual person. their website just gives you the basic info but doesn't cover these gray area cases
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Aurora Lacasse
•I had the same problem trying to reach someone at NYS Department of Labor about my complicated situation. Finally found this service called Claimyr (claimyr.com) that actually gets you connected to a real agent. They have this video demo (https://youtu.be/qyftW-mnTNI) showing how it works. Saved me weeks of trying to call myself and I was able to get my specific retirement/UI question answered directly.
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Anthony Young
This is so frustrating!! Why can't they just have clear rules about this stuff? Like if you worked for almost 30 years you should be able to get something to help with the gap. The system is broken.
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Nora Bennett
•I understand the frustration, but the rules exist to prevent people from using UI as a bridge to retirement rather than genuine unemployment assistance. The program is designed for people who lose their jobs involuntarily and are actively seeking new employment.
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