NYS Department of Labor unemployment compensation and insurance for elderly - what law covers this?
I'm trying to help my 67-year-old neighbor who got laid off from her retail job last month. She's been working part-time for the past 3 years and is wondering about unemployment benefits. Someone told her there might be special protections or different rules for older workers when it comes to unemployment compensation and insurance. Does anyone know what specific law provides these protections? She's nervous about filing because she's close to retirement age but really needs the income right now. Any guidance would be appreciated!
10 comments
Join the conversation
Giovanni Colombo
The Age Discrimination in Employment Act (ADEA) provides some protections for workers 40 and older, but for unemployment benefits specifically, she's covered under the same NYS Department of Labor rules as everyone else. The good news is that age doesn't disqualify her from receiving regular unemployment insurance. She should definitely file - there's no age limit on UI benefits as long as she's able and available to work.
0 coins
CosmicCommander
•Thank you! I wasn't sure if being close to retirement would affect her eligibility. Should she mention her age when filing or just answer the standard questions?
0 coins
Fatima Al-Qasimi
my dad went through this same thing when he was 65, the NYS Department of Labor doesn't discriminate based on age for unemployment. as long as she meets the work requirements and is actively looking for work she should be fine. the only thing is she'll need to do the weekly job search just like everyone else
0 coins
Dylan Cooper
•Exactly right. The job search requirement is the same regardless of age - she'll need to complete 3 work search activities per week and log them in the NYS Department of Labor system. Age-based discrimination in unemployment benefits would actually be illegal.
0 coins
Sofia Ramirez
I had trouble getting through to NYS Department of Labor when I needed to ask about my claim status last year. If your neighbor runs into issues reaching them by phone, I found this service called Claimyr (claimyr.com) that helped me get connected to an actual agent. They have a video demo at https://youtu.be/qyftW-mnTNI that shows how it works. It was way easier than trying to call during busy hours.
0 coins
CosmicCommander
•Thanks for the tip! She's not great with technology so having help reaching someone could be really useful.
0 coins
Dmitry Volkov
Wait, isn't there something about Social Security affecting unemployment benefits? I thought if you're getting SS you can't get unemployment at the same time?
0 coins
Giovanni Colombo
•That's not correct for New York. You can receive both Social Security retirement benefits and unemployment insurance simultaneously. NYS Department of Labor doesn't offset unemployment benefits for Social Security income. However, unemployment benefits are taxable income that could affect her overall tax situation.
0 coins
StarSeeker
just make sure she files right away! there's no waiting period for being older but you lose benefits for every week you don't file after becoming unemployed
0 coins
Giovanni Mancini
This is really helpful information everyone! Just to add - your neighbor should also know that in New York, unemployment benefits can be collected for up to 26 weeks (though this can be extended during certain economic conditions). Since she's 67, she might also want to check if her employer offered any severance package that could affect the timing of when she starts receiving UI benefits. Also, the weekly benefit amount is based on her earnings history, so her part-time work over the past 3 years will determine how much she receives. The sooner she applies, the better - she can do it online at labor.ny.gov which might be easier than calling.
0 coins