The Unemployment Compensation Law protects your rights as an employer. These protections include your right to appeal determinations or decisions from the Division of Unemployment Insurance and the Division of Temporary Disability Insurance that you believe may contain errors, or you believe are incorrect. Similar provisions protect the rights of claimants.

You have the right to request a review of any determination or decision by the Division that affects you. There are two administrative levels to the appeal process. The first is the Appeal Tribunal. The second, and higher level, is the Board of Review. Both the employer and the claimant may be represented by an attorney or non-attorney in administrative proceedings before the Division.

It is possible to appeal a Board of Review decision to the New Jersey Superior Court, Appellate Division. For example, if the Division determines that an employer is subject to the law and must pay unemployment insurance taxes, the employer disputing this may appeal the case through various levels up to the New Jersey Supreme Court.

Your rights to a review, hearing or a further appeal are always shown on the written determination or decision that you receive. It is important that you observe the time limits for filing an appeal, which are specified on the determination or decision. There are different time limits for each level of appeal so be sure to carefully read and observe the applicable time limit.  The appeal must be filed within 10 days of the mailing date of the determination or within seven days of receiving the determination. For an appeal to the Board of Review of an Appeal Tribunal decision, the appeal must be filed within 20 days of the mailing sate of the Appeal Tribunal Decision. If the appeal is not filed within those time limits, you must explain the reason for the delay.

The appeal period will be extended only if you can show good cause for filing late. Good cause exists when you can show that the delay was due to circumstances beyond your control, which you could not have reasonably foreseen or prevented. An appeal that is filed late without good cause will be dismissed. If you are ever in doubt as to your right to appeal in any case, you should immediately inquire about such right and the time limitations involved.

Appeals

If you disagree with any written determination you receive on a Family Leave Insurance claim filed with the State Plan or Family Leave During Unemployment Office, you may file an appeal. Each determination contains a written statement concerning your appeal rights. All appeals must be in writing and may be mailed, faxed or sent by e-mail. 

The appeal request must be received or postmarked within seven days after delivery of the determination or 10 days after the date of mailing of the determination, except an appeal from a Demand for Refund. An appeal from a Demand for Refund must be received or postmarked within 20 calendar days after delivery of the notice or 24 days after the mailing date of the notice.

When an appeal is filed, you will be notified by mail of the date, time and location from which the appeal hearing will be conducted. Your participation in a telephone hearing with an Appeal Tribunal examiner will not cost you anything. It is not necessary to have an attorney present at the hearing, but you may be represented by an attorney or anyone else you choose. You will receive the results of the hearing by mail.

If you disagree with the determination made by the private plan insurance carrier, you have the right to appeal to the Division of Temporary Disability Insurance.  You have one year from the start of your period of family leave to file your appeal of a Private Plan decision.