NYS Department of Labor unemployment benefits after retirement - am I eligible?
I'm 64 and was planning to retire next year but my company just announced layoffs and I might get cut before then. If I get laid off can I still collect unemployment even though I was planning to retire anyway? Or does NYS Department of Labor consider that voluntary retirement? I've been working for 32 years and really need the income bridge until I can start collecting my pension at 65. Has anyone dealt with this situation before?
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Sadie Benitez
Yes, you can collect unemployment after a layoff even if you were planning to retire later. The key is that the separation has to be involuntary - a layoff qualifies. NYS Department of Labor doesn't care about your future retirement plans, they only look at why you're currently unemployed. You'll still need to meet the usual requirements like being able and available for work and conducting a job search.
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Abby Marshall
•That's a relief! Do I need to prove I'm actually looking for work at my age? Seems like most employers wouldn't want to hire someone so close to retirement.
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Drew Hathaway
my dad went through this exact thing 3 years ago, got laid off at 63 and collected unemployment for almost a year before finding another job. he had to do the job search stuff but there are age discrimination protections too
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Abby Marshall
•Good to know it worked out for him. Did he have any trouble with the weekly claims or job search requirements?
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Laila Prince
The main thing is you have to be genuinely available for work. If you file and then immediately refuse job offers because you're planning to retire, that could cause problems with your claim. But if you're truly willing to work until you can retire, you should be fine. Make sure to document your job search activities properly.
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Isabel Vega
•What if you get a job offer but the salary is way less than what you were making? Do you have to take it or can you hold out for something closer to your previous pay?
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Laila Prince
•NYS Department of Labor has guidelines about suitable work. Generally you don't have to take a job that pays significantly less than your previous wage, especially early in your claim. But after several weeks the standards become less strict.
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Dominique Adams
I had such a hard time getting through to someone at NYS Department of Labor when I had questions about my claim status last year. Spent hours on hold just to get disconnected. Finally used this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo showing how it works at https://youtu.be/qyftW-mnTNI. Saved me so much frustration trying to get answers about my weekly claims.
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Marilyn Dixon
•Never heard of that but might be worth trying if I run into issues. The NYS Department of Labor phone system is absolutely terrible.
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Louisa Ramirez
Just make sure you understand the difference between being laid off vs taking early retirement. If your company offers you a retirement package and you take it, that's considered voluntary and you won't qualify for unemployment. But if they lay you off without offering retirement, you're good to file a claim.
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Abby Marshall
•That's exactly what I was worried about. They haven't offered any retirement packages yet, just talked about layoffs. Hoping I can avoid both honestly but good to know my options.
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PixelWarrior
Also keep in mind that if you do get laid off and file for unemployment, you'll need to have your separation paperwork ready. NYS Department of Labor will want documentation showing it was an involuntary layoff, not a resignation. Save any emails or notices about the layoffs your company sends out - that can help establish the involuntary nature of your separation if there are any questions about your eligibility.
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