Employers' right to appeal
Every determination that affects your eligibility for benefits will be given to you in writing. If you disagree, you have the right to file an appeal. Your appeal rights are printed on each determination you receive.
A determination becomes final unless a written appeal is filed within seven calendar days after delivery or within ten calendar days after the mailing of the determination. An appeal period can be extended if good cause for late filing is shown. Good cause exists in situations where it can be shown that the delay was due to circumstances beyond your control that could not have been reasonably foreseen or prevented.
You can file your appeal online using our application.
You can also mail your appeal letter to us. It must include your name, Social Security Number, telephone number, and address. In addition, give your reasons for disagreeing with the determination and, if you file late, the reason for the delay. Mail your letter to:
New Jersey Department of Labor and Workforce Development
PO Box 907
Trenton, NJ 08625-0907
NOTE: While you are waiting for the appeal hearing, continue to claim your weekly unemployment insurance benefits. This action gives you credit for these weeks pending the results of the hearing. You must also report to your One-Stop office whenever you are scheduled. Failure to do so may result in the loss of benefits, even if you win your appeal.
An Appeal Tribunal hearing will be scheduled and all interested parties will be notified. You will have to register for your hearing in advance. You can do so using our online application. The hearing may be conducted in person or by telephone.
If the reason for the appointment is related to your employment, your employer will be notified of the interview and has the right to participate. You may represent yourself or you may be represented at your own expense by an attorney or a non-attorney. If you require additional time to prepare for the interview, you may request a postponement by providing advance notice. You may request that your employer produce any documents which relate to your eligibility for benefits. You may request that statements be taken from your witnesses who have firsthand knowledge of the case. You or your representative will have the opportunity to question your own witness, present documents and provide a closing statement or summary. If the reason for the appointment is related to your employment, any questions that you may have for your former employer may be asked of the agency representative who in turn may, at his/her discretion, pose the questions to your former employer.
If the Appeal Tribunal's decision is not in your favor, you have the right to appeal again to the Board of Review.
If the Appeal Tribunal's decision is in your favor, the Division of Unemployment Insurance will issue any payments due. The Appeal Tribunal does NOT issue payments. Once the decision is made by the Appeal Tribunal, the case is closed and no further action is taken by the Appeal Tribunal.
Your former employer also has the right to appeal determinations made on your claim that deal with the reason why you are not working and the amount of your benefits. If your employer appeals and the decision is in favor of the employer, you may be required to repay all or part of the unemployment insurance benefits that have been paid to you.