Can a retired teacher draw unemployment when seeking different non-teaching job source?

I have a friend who has taught in the AR public school system for 38 years. She retired 3 months ago. She has been unable to find a job to supplement her retirement and was wondering if it was possible to file for unemployment benefit’s?

Asked on August 24, 2011 Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you retired, you are not eligible for unemployment. Retiring is a voluntary separation from employment; any voluntary separation, whether called "retirement," "quitting," "resigning," etc., does not entitle one to unemployment compensation. Unemployment compensation is only available for  involuntary separations from work, such as being fired, terminated, or laid off, or sometimes when the company/employer does something making it impossible to work there any longer (such as transferring the employee to a remote or distant location, so the commute is unreasonable), which is called "constructive termination." If your friend filed for unemployment benefits and disclosed that she retired, she would not get them; if she filed without disclosing that, she would be committing fraud.


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