I am seriously thinking of retiring at the end of this FY which is June 30th. If I give this notice today what might my employer do? If I am let go earlier could I collect unemployment?

I know it will be difficult to replace me in 30 days and I do like my manager and want to give them enough time to fill the position and transition - I expect I will give notice at the end of March giving them 3 months to rap someone up. Will they ask me to leave earlier? If they do can I collect unemployment or should I wait and give two weeks?

1 answer  |  asked Mar 9, 2016 11:54 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
Generally, if you provide notice of intent to leave or retire and your employer does not pay you through the date on which you select as your last day of work then you would be entitled to unemployment benefits in New York State. However, in order to collect unemployment benefits you need to certify every week that you are available for work. Once you state, in writing, that you are retiring will the Department of Labor believe that you wanted to continue to work after the date that you say you intend to retire?

If you provide too much notice what will prevent the employer from alleging that you are "retired in place," meaning that your only purpose is to ride out the last few days of work? Will the employer attempt to terminate you "for cause" or maybe even allege misconduct to deny your claim for unemployment benefits?

Once you "retire" or select a date for doing so don't count on receiving unemployment benefits. A better option might be to provide reasonable or required notice (not 90 days unless you have agreed to that or some policy requires it) and state that you intend to slow down or work fewer hours. This way you keep your options open. Also, be careful about discussing the term "retirement" at work or with HR. Organizations today are concerned more with their own viability and relevance than yours.

You may provide courtesies and later discover that the organization outsourced, right-sized, down-sized, contracted, etc... regardless.

Good luck.

posted by V Jonas Urba  |  Mar 9, 2016 1:14 PM [EST]

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