New Jersey’s Employer Response Portal: What You Need to Know

The New Jersey Department of Labor (NJDOL) has activated its Employer Response Portal (“Response Portal”).

This long-awaited update relates to the July 31, 2023, amendments to the Unemployment Compensation law, which requires employers with employees in the state to report every employee separation electronically to enable faster unemployment benefit determinations.

The Legal Requirement: Report Every Separation Within 7 Days

With the Response Portal now open, employers must proactively submit separation information within seven days of a worker’s separation, as well as respond to any “Missing Responses” notifications flagged on the Response Portal. This seven-day clock applies to any separation—termination, voluntary resignation, retirement, layoff, etc. Employers must have an Employer Access account to access the portal. Employers that do not yet have one may register here. Once registered, the employer will receive electronic notifications from the Division of Unemployment (Division) regarding filed claims and missing information.

Missing the seven-day deadline carries significant consequences. If an employer does not submit separation information in time, the Division will issue a determination based on whatever information is available. The Division will mail the determination along with the employer's appeal rights, and the employer has only seven days from receipt to file an appeal. Notably, the Division will not correct any benefit overpayment already issued to the claimant that was caused by the employer's late submission. In addition, employers who willfully fail to report required information may be subject to monetary penalties.

As a reminder, at the time of separation, employers must provide all separated employees with Form BC-10 – Instructions for Claiming Unemployment Benefits.  Employers, however, are no longer required to submit the completed BC-10 Form to the Division.

How to Report a Separation Through the Portal

Once an employer has established an Employer Access account, reporting a separation through the portal takes only a few steps. The following process outlines how to submit separation information for a departing employee:

1. Log in to the Employer Response Portal using the myNJ login credentials associated with the Employer Access account.
2. Select the employer associated with the separated employee.
3. Navigate to the Submit New Separation tab.
4. Indicate whether a mailed notice was received and complete the prompts. Employers responding based on a mailed notice should have that form available, as its information is required to complete the questionnaire.

At a minimum, employers should be ready to provide the company name, the separated employee’s name and Social Security number, the last day of work, the date of separation, reason for separation, work schedule, and wage information.

Employer Takeaways

Employers with employees in New Jersey should consider taking the following steps:

• Register for, or confirm, an Employer Access account in advance, rather than waiting until a seven-day deadline is triggered.
• Incorporate the seven-day response window into offboarding checklists so that Human Resources flags every separation for prompt portal reporting.
• Continue issuing BC-10 forms to employees upon separation.
• Monitor the Response Portal for requests for information from the Division.
• Do not disregard mailed notices, as they often trigger the response period, and a missed appeal deadline may render an unfavorable determination final.
• Assign clear internal ownership of the portal to ensure reporting responsibilities are not overlooked during personnel transitions.

For additional guidance on the Response Portal, employers may consult NJDOL’s FAQ page.

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If you have questions, please reach out to the author(s).

The Workforce Bulletin blog is currently edited by Adam S. Forman, Greta Ravitsky, Elizabeth S. Torkelsen, and Jennifer Stefanick Barna.