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Forced retirement and unemployment rights in Virginia

by Richard
(Virginia Unemployment Benefits)

I fear that I will be forced to take retirement. I am 65 but receive only a small pension from an employer of 30 years ago and have not signed up for social security. So, would I be eligible for unemployment in Virginia if I wish to seek further employment even though I was forced to retire from my present company. My company only provides a 401K and no other retirement.

Hi Richard,

Compulsory retirements are treated like a voluntary quit, however if you take a look at the common areas DOLETA mentions in Table 5-2, good cause for quitting may be provided for provisionally or simply with a law being interpreted by a state to allow for good cause .. or it's just left blank .. which wouldn't be a good sign.

This is a separate issue from the deductions applied to unemployment benefits due to payments received from a retirement account, found in table 5-16 which is worth a look/see as well about any impact of retirement payments from both a base period and a non-base period employer.

So, we can see in table 5-2 linked to above, that VA interprets their UI law in the case of a VQ due to compulsory retirement.

To be safe, you should find how Virginia interpreted a forced retirement type of quit.

I would suggest starting with issues such as "able and available" and "voluntary quit".

However, if the issue of a forced retirement is interpreted favorably for the employee .. it becomes like a discharge .. for reasons other than misconduct.

Therefore, it also doesn't exclude you from being able and available for work which is just a conditional requirement to collect .. but something you have to look out for .. bad assumptions by a state UI dept.

Virginia Unemployment Precedent Decision Manual

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