Can you get unemployment if you retire from your job in New York?
I'm 58 and thinking about retiring from my job next year but I'm worried about the gap before I can collect my pension at 62. Someone told me you can't get unemployment benefits if you voluntarily retire, but I've also heard there might be exceptions. Does anyone know if NYS Department of Labor considers retirement a voluntary quit that would disqualify you? I've been at my company for 15 years and really need some income bridge until my pension kicks in.
15 comments


Effie Alexander
Unfortunately, voluntary retirement typically disqualifies you from unemployment benefits in New York. NYS Department of Labor considers retirement a voluntary separation from employment, which means you left work by choice rather than due to circumstances beyond your control. However, there are some nuanced situations - if you were forced into early retirement due to company restructuring or health issues, that might be different.
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Hugh Intensity
•What if the company is offering early retirement packages? Would that change anything since they're essentially pushing people out?
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Melissa Lin
You generally cannot collect UI benefits if you voluntarily retire. The key requirement for unemployment is that you must be able and available for work, actively seeking employment. If you're retiring, you're essentially stating you don't want to work anymore. NYS Department of Labor is pretty strict about this - they'll ask during your weekly claims if you're ready and willing to accept suitable work.
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Lydia Santiago
•This is exactly right. I tried to file after my retirement and got denied immediately. They said I wasn't available for work.
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Romeo Quest
wait i'm confused... my friend retired and got unemployment for like 6 months?? maybe she lied on her application or something because this doesn't sound right
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Effie Alexander
•Your friend may have been laid off rather than retired, or there could have been special circumstances. It's also possible she filed incorrectly and will face an overpayment demand later when NYS Department of Labor reviews her case.
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Val Rossi
I had a similar situation trying to reach NYS Department of Labor about this exact question last year. Spent hours on hold and kept getting disconnected. Finally used a service called Claimyr (claimyr.com) that actually got me through to a real person at the unemployment office. They have a video demo at https://youtu.be/qyftW-mnTNI showing how it works. The agent confirmed that voluntary retirement disqualifies you, but they also explained some exceptions I didn't know about.
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Hugh Intensity
•What kind of exceptions did they mention? I'm really hoping there's some way to make this work.
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Eve Freeman
The unemployment system is so frustrating! They make it impossible for people who've worked their whole lives to get any help during transitions. I bet if you were some young person who just quit randomly you'd get benefits no problem, but someone who's earned retirement gets nothing.
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Melissa Lin
•Actually that's not how it works - anyone who voluntarily quits gets denied unless they have good cause like unsafe working conditions or harassment.
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Clarissa Flair
Have you looked into COBRA or other bridge options? Might be worth talking to a financial planner about alternatives since unemployment probably won't work out.
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Lia Quinn
I went through something similar a few years ago. The key thing to understand is that NYS Department of Labor looks at your intent and availability for work. If you're truly retiring and not planning to seek new employment, you won't qualify. However, if your company is downsizing or offering buyouts and you're willing to work elsewhere, that might be treated differently than a traditional retirement. I'd suggest calling the unemployment office directly to discuss your specific situation - they can give you a definitive answer based on your circumstances. Also consider looking into partial retirement options with your current employer or exploring contract/part-time work to bridge the gap until your pension kicks in.
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Aurora Lacasse
•This is really helpful advice! @Lia Quinn brings up a great point about the difference between traditional retirement and being part of company downsizing. @Hugh Intensity - you might want to document if your company is pushing early retirement or if there are any business reasons behind it. That could make a big difference in how NYS Department of Labor views your case. The partial retirement idea is smart too - staying employed even part-time while collecting some pension benefits might be a better bridge strategy than trying to navigate the unemployment system.
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Justin Chang
I've been through a similar transition and wanted to share what I learned. The distinction between "retirement" and "layoff with retirement eligibility" can be crucial here. If your company is restructuring or offering voluntary separation packages (even if they call it "early retirement"), you might have a case - especially if you can demonstrate you're still willing and able to work elsewhere. The key is how you frame it when applying. Document everything about your company's situation and be prepared to show you're actively job searching if you do apply. Also, consider that even if you don't qualify initially, you can appeal decisions. I'd recommend consulting with an employment attorney who specializes in unemployment cases - many offer free consultations and can review your specific circumstances. Don't give up without exploring all options, especially since you've contributed to the system for 15 years.
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Shelby Bauman
•@Justin Chang makes excellent points about documentation and framing! I m'new to this community but dealing with a similar situation with my dad who s'60 and facing potential early "retirement due" to his company downsizing. The distinction between voluntary retirement vs. being part of layoffs seems really important. Has anyone here actually succeeded in getting benefits approved after initially being part of what the company called a retirement "package ?"It sounds like the appeal process might be worth pursuing even if the initial application gets denied. Also wondering if it matters how long you wait between leaving your job and filing - does NYS Department of Labor look at timing as evidence of your intent?
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