Can you draw unemployment when you retire from your job in NY?
I'm 58 years old and thinking about retiring from my job next year but I'm not quite ready for Social Security yet. My coworker mentioned something about maybe being able to get unemployment benefits if you retire, but that doesn't sound right to me? I thought unemployment was only for people who got laid off or fired. Has anyone here retired and then applied for NYS Department of Labor benefits? I'm confused about whether this is even possible or legal.
10 comments
Join the conversation
Vera Visnjic
Unfortunately, you cannot receive 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. Voluntary retirement is considered quitting your job, which would disqualify you from receiving benefits. You need to be able and available for work, actively seeking employment, and have lost your job involuntarily.
0 coins
Mason Lopez
•That's what I figured but wanted to make sure. Thanks for clarifying the NYS Department of Labor rules.
0 coins
Jake Sinclair
wait i thought if you worked long enough you could get benefits no matter what? my uncle retired and got unemployment for like 6 months
0 coins
Brielle Johnson
•Your uncle probably qualified for a different reason. Maybe he was laid off right before retirement age, or there were special circumstances. Regular voluntary retirement doesn't qualify for unemployment benefits in New York. The able and available requirement means you have to be actively looking for work.
0 coins
Honorah King
This is so confusing! What if you retire because of health issues? Or if your company is downsizing and they offer early retirement packages? There has to be some exceptions to this rule right?
0 coins
Vera Visnjic
•Early retirement packages can be tricky. If it's truly voluntary, you still wouldn't qualify. But if the company is eliminating positions and offering packages as an alternative to layoffs, that might be different. Health-related retirement could potentially qualify for disability benefits instead of unemployment. You'd need to check with NYS Department of Labor directly for your specific situation.
0 coins
Oliver Brown
I had a similar question when I was dealing with NYS Department of Labor last year about a different issue. Getting through to speak with an actual person was impossible - kept getting disconnected after waiting on hold for hours. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an agent. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. Might be worth checking out if you need to get specific answers about your retirement situation from NYS Department of Labor directly.
0 coins
Mason Lopez
•Thanks! I'll look into that if I need to contact them. The phone system is definitely frustrating.
0 coins
Mary Bates
My neighbor retired at 62 and tried to file for unemployment because she heard you could. NYS Department of Labor denied her claim immediately. She wasted weeks trying to appeal it before giving up. Don't bother unless you have a really unusual situation.
0 coins
CosmicCadet
Just to add some clarity for anyone reading this thread - the key requirement for unemployment benefits in NY is that you must be "able and available for work" and actively seeking employment. When you voluntarily retire, you're essentially stating that you don't want to work anymore, which directly contradicts this requirement. Even if you change your mind later and want to return to work, the initial voluntary retirement would still disqualify you. The only real exceptions might be if your retirement was actually involuntary (like a forced early retirement due to company restructuring) or if there were discriminatory factors involved. But standard voluntary retirement? Definitely not eligible.
0 coins