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  1. #1

    Default Unemployment and Retirement

    My question involves unemployment benefits for the state of: MA
    ON Oct 1 my husband reitred from the company for whom he has worked 27 years. He was offered a small severence and Cobra. He is 66 years old. He applied and was approved for UI on Oct 13. We recieved the acceptance letter daying what amount he could collect and then this morning when he did his weeklies unemployment stated that he was disqualified for the previous week. He called Unemployment and they said he was disqualified because he quit. He didn't quit. He retired. He then called his former employer and the HR person said that excepting the severence was a voluntary termination and he has no recourse.
    So do we have a chance if we appeal this disqualification and how should we go about proving his company wrong?

  2. #2
    Join Date
    Jul 2012
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    479

    Default Re: Unemploymwnt and Retirement

    You just said your husband retired. Did he put "retired" anywhere on the unemployment form? I think either way you want to word it -- you do not say he was "forced" to "retire" (and you wouldn't have used the word "retire") -- your husband doesn't qualify for unemployment.

    It doesn't matter what the HR person says about accepting severance.

    "So do we have a chance if we appeal this disqualification and how should we go about proving his company wrong? "

    There is no "we" here but, again, I'm not clear why if you say your husband retired why you believe he's entitled to unemployment benefits. That's a voluntary quit.

  3. #3
    Join Date
    Mar 2012
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    1,360

    Default Re: Unemploymwnt and Retirement

    His choices would have to have been: take the severance and be gone, or just be gone, and in some states if you don't take the severance, then another employee is going to be gone.

    However, taking a severance when work was still available to you isn't a reason to get unemployment. There are some exceptions maybe not available in MA, but if by taking the severance he was eligible for a pension, and by staying he would forfeit that pension that can provide good cause to quit.

    It boils down to just why did he take the servance. Was it because he didn't want to work anymore or was it because if he stayed, he'd suffer adverse consequences?

  4. #4
    Join Date
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    Default Re: Unemploymwnt and Retirement

    Agree. Retirement is voluntary. It means the individual is not planning to work ever again and will therefore not be seeking new work. Given that UI benefits are only for jobseekers, it makes perfect sense that retirees are disqualified from receiving said benefits.

  5. #5
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: Unemploymwnt and Retirement

    Agree. Will he not be getting a pension & applying for soc. security? That's what you generally receive when you retire - not UI. UI is for those who lose their job through no fault of their own - not for employees who retire.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Unemploymwnt and Retirement

    Whether you can get unemployment upon retirement is state specific - however, it is true that in MA you don't.

  7. #7
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    5,252

    Default Re: Unemploymwnt and Retirement

    Quote Quoting cbg
    View Post
    Whether you can get unemployment upon retirement is state specific - however, it is true that in MA you don't.
    Ma. notes: http://www.mass.gov/lwd/unemployment...q.html#pension
    5. Do Social Security benefits, pensions and other retirement payments affect my Unemployment Insurance benefits?
    Social Security retirement benefits: Receipt of a Social Security retirement benefits will have no effect on your eligibility or reduction in weekly benefits.

    Pension and other retirement benefits: Your benefits may be affected by any pension benefits you are receiving. You must report to DUA that you are receiving a pension. You will also need to provide documentation to DUA. The DUA service representative who makes a determination on your claim will explain the law as it applies to you. You will be asked to provide the amount and source of any type of pension or retirement payments when you file your claim. The DUA service representative who makes a determination on your claim will explain the law as it applies to you.

    In all cases, you must be able to work, available for work and looking for work in order to collect unemployment benefits. (the end)

    I can see getting UI with soc. sec. & retirement/pension benefits (depending on the amount) if you are ready, willing & able to work & looking for work or even possibily get UI if you accept retirement in place of being terminated. ("good cause" to retire) There may be some states but I didn't know there were any where you could voluntarily retire & get UI or get "retirement benefits" & UI but not be looking for work.

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