Many employers commonly ignore requests from the New Jersey Division of Unemployment and Temporary Disability Insurance (“Division”) to provide the reason they terminated an employee’s employment. With the recent amendments to the state’s Unemployment Compensation Law (UCL), effective July 31, 2023 (the Amendments), employers should rethink that practice. This, among other changes to the UCL, should dramatically alter the way employers deal with New Jersey unemployment compensation claims.

Summarized below are key takeaways from the Amendments.

New Employer Reporting Obligations

The Amendments add two significant employer reporting obligations that apply regardless of the reasons for an employee’s separation or whether the employee applies for unemployment benefits.

Immediately upon an employee’s date of separation from employment the Amendments require employers to complete and electronically submit to the Division:

1. a new form, yet to be issued, for providing information that the Division needs to determine whether a departing employee is entitled to unemployment benefits;

• New Jersey Form BC-10, containing instructions for claiming unemployment benefits, which the employer must also provide to the departing employee; and

• the email address of the employer’s designated contact.

The state has long required employers to provide the Form BC-10 to employees upon separation of employment, but until now the UCL did not include administrative oversight or a mechanism for...

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