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

UPDATED: Aug 24, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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