About the Appeal Tribunal
The Appeal Tribunal is the first appellate level within the Department of Labor and Workforce Development for deciding Unemployment and Temporary Disability (state plan and DDU) Insurance benefit disputes.
After filing a claim for Unemployment Insurance or Disability Insurance, an individual's entitlement for such benefits is determined. Under the Unemployment Compensation Law and Temporary Disability Law, the claimant and employer have the right to file an appeal to the Appeal Tribunal from any such determination of entitlement. Appeals must be filed within 10 days of the date of mailing, or seven days from the date of receipt.
The appeal must be filed in person at a local unemployment office or the temporary disability service office, or by writing to:
The Appeal Tribunal
PO Box 907
Trenton, NJ 08625
Alternatively you may file an online appeal here. If the appeal is not filed within the appeal periods, an explanation of why it was not filed within that time limit should accompany the appeal. An appeal that is filed late, without good cause, may be dismissed by the Appeal Tribunal. Appeals filed by mail should include the claimant's Social Security number, refer to the specific determination that is being appealed, and give the grounds for the appeal.
Our fax number for incoming appeals is 609-292-2438.
For general information (not to file an appeal) send an email to email@example.com.
All documents relating to the appeal will be forwarded to the Appeal Tribunal and a hearing will be scheduled with notice to the interested parties. The hearing will be conducted by an appeals examiner and a written decision will be forwarded to interested parties as soon as possible.
Witnesses may be presented by either the claimant, the employer or the Deputy. Arrangements should be made immediately to ensure the availability of any witness whose testimony is necessary for resolving the issues in the case. If witnesses refuse to appear, the Unemployment Compensation Law provides for the issuance of subpoenas at the direction of the appeals examiner, to compel the attendance of witnesses and/or the production of records and other documents. Requests for subpoenas should be made immediately to the Appeal Tribunal or the appeals examiner assigned to the case.
Postponements of scheduled Appeal Tribunal hearings will be granted only for good and substantial reasons. Requests for postponements should be made at least three days prior to the date of hearing. The name and telephone number of each appeals examiner hearing the appeal is on the hearing notice.
A telephone hearing at which all parties, witnesses, representatives and attorneys testify via telephone may be conducted at the initiation of the Appeal Tribunal or upon request of an interested party with the consent of the Appeal Tribunal.
The Appeal Tribunal, in its discretion, may schedule a telephone hearing. If an individual is unable to appear in person, the individual may give testimony by telephone which can be granted at the discretion of the appeals examiner. Any party may object to telephone testimony. If a party objects to a telephone hearing, he/she must make the objection immediately upon receipt of the notice or request for telephone hearing. The objection and its supporting reasoning should be in writing and received by the Appeal Tribunal reasonably in advance of the time scheduled for a telephone hearing. If the Appeal Tribunal accepts a party’s objections to a telephone hearing, an in-person hearing will be scheduled.
The Appeal Tribunal may deny a party’s objection to a telephone hearing if it determines at least one of the following has occurred:
- The objecting party’s intent is to purposely inconvenience the other party or delay the proceeding;
- A party or witness is more than 50 miles away;
- A person is unable to appear in person because of physical, medical or other compelling reason; or
- Good cause exists to order a telephone hearing notwithstanding the party's objection.
A failure to appear at a scheduled in-person hearing or to be available for a scheduled telephone hearing may result in an unfavorable decision. If the party who filed the appeal does not participate, the Appeal Tribunal may dismiss the appeal.
Legal counsel may be obtained at a party’s expense. The fee charged a claimant by his/her attorney is subject to approval by the Board of Review. Attorneys must complete and submit a Board of Review Attorney's Authorization form for approval of these fees. A claimant who is unable to afford legal assistance may request representation from one of the free legal advisory services in the community. Representation from non-attorneys is permitted if the claimant or employer so desires as long as no fee is charged.
The appeals examiner will conduct the hearing in a manner so as to give ample opportunity to each party to be heard on the issues under appeal. The appeals examiner will ensure that each party is treated fairly. He/she will assist any party in asking questions. The appeals examiner is charged with the responsibility of developing a record as to the facts and circumstances concerning the issues under appeal and giving each party an opportunity to present all relevant evidence. All testimony at Appeal Tribunal hearings is taken under oath or affirmation.
The appeals examiner’s written decision will be mailed after the hearing. The decision will contain a description of the pertinent facts, the reasoning at law, and a final conclusion.
The decision will become final unless any interested party files an appeal in writing to the Board of Review within 20 days from the mailing or notification date of the decision.