Chapter 2 Unemployment & Disability Insurance Benefits
Section 4 - Appeals
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. The appeal must be filed within 10 days of the mailing date of the determination or within seven days of receiving the determination. 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.