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State of New Jersey Department of Labor and Workforce Development     LWD  





Frequently Asked Questions

Address Changes
Eligibility
Extensions
Overpayment/Refund
Payment
Taxes
When To Contact Us

Address Changes

Q. What should I do if I move? 

A. If you move while claiming benefits, you may report your new address and new telephone number when you claim benefits on the Internet, by telephone, or by mail.  If you worked in New Jersey and have relocated to another State, you must file a claim against New Jersey.  You may file your claim by calling the New Jersey claims office that handles out-of-state claims at 1-888-795-6672.

If you move out-of state while you are claiming benefits, you should immediately telephone 1-888-795-6672 and select the option to file a claim in order to report the address change.  An agent will assist you in claiming benefits against New Jersey on an interstate basis.  If you move to a neighboring locality in New York, Pennsylvania or Delaware (within commuting distance of New Jersey), you may change your address by telephoning a New Jersey Reemployment Call Center at the regular telephone numbers.

Eligibility

Q. Can I claim back weeks if I did not immediately file a claim when I became unemployed?

A. To be eligible for benefits, you must file a claim. Usually, the claim will be backdated no further than the Sunday of the week you filed. However, there are some circumstances that allow for the backdating of your claim (Examples: you were working reduced hours with your employer; you attempted to file a claim against another state). If you believe your claim should be backdated, mention it to the agent when you file your claim by telephone. If you file your claim via the Internet, you may request your claim be backdated by calling the Reemployment Call Centers (RCC) at:  Union City RCC (201) 601-4100, Freehold RCC (732) 761-2020 or Cumberland RCC (856) 507-2340. 


Q. I am going to be laid off next week; can I file my unemployment claim now so my claim is ready?

A. No. If you are employed full-time, you cannot file an unemployment claim. Claims filed before separation from employment are not valid because you are considered to be "Employed Full-time." You cannot file an unemployment claim until you become unemployed or partially unemployed.

Q. Does my Pension or Social Security affect my claim?

A. Social Security Retirement benefits do not affect your unemployment benefits.

If you are eligible to receive a pension from an employer that is included on your unemployment claim, the benefits may be reduced. The term "pension" includes benefits paid in a lump sum, such as 401K, as well as pensions that are paid on a monthly basis. If you have applied, received or expect to receive a pension, a claims examiner appointment will be scheduled to discuss the pension. If you contributed the entire cost of your pension, your unemployment benefits will not be reduced. If you and your employer contributed to the pension, 50% of your  weekly pension amount will be subtracted from your unemployment benefits. If your employer contributed the entire cost of your pension, your unemployment benefits will be reduced by 100% of your weekly pension amount.

Q. Should I wait until my severance pay ends to file a claim?

A. No, because some severance/separation payments do not extend employment. You should file your claim after you stop working full-time. Payments that do not extend employment include severance payments based on years of service with an employer. However, salary continuation through termination and payments in Lieu of Notice, do extend employment. When you file your claim by telephone, the agent will review all separation payments with you before the claim filing process is completed. If you file your claim via the Internet, and it appears that your payment for periods after your last date of work may affect your unemployment benefits, you will be scheduled for an interview with a claims examiner.

Q. I currently have a H-1 B visa but have lost my job; am I eligible?

A. H-1B visa holders are authorized to work in the United States for one specific employer. If you are permanently separated from that employer and your alien status has not changed, you cannot legally work for another employer and you would be ineligible for benefits. You may be eligible for benefits if you are on a temporary layoff from your employer with a definite return-to-work date.

Q. Will I still receive benefits if my employer files an appeal of my unemployment claim?

A. If you were determined eligible for benefits, you will continue to receive your benefits as long as you meet all other requirements. If the decision is in favor of the employer, you may be required to repay all or part of the unemployment insurance benefits that have been paid to you.

Q. Do I have to accept a job that pays less than I used to earn?

A. While you are collecting unemployment benefits, you are expected to accept suitable work when it is offered or you could be denied benefits for four weeks. Suitable work depends on your work history, salary, skills, commuting distance, etc. If you remain unemployed for an extended period of time, you will be expected to revise your minimum job requirements. You may be required to travel a greater distance, accept a different type of job or accept a lower starting salary.

Q. Can I receive benefits during the summer if I am a school employee?

A. Employees paid by a non-profit private school, a public school, or a college, who have a reasonable assurance of returning to work after a school recess or holiday period, may not be eligible for benefits. However, if you had non-school employment with sufficient wages to establish a claim, you may be eligible for benefits.

If you work for a private contractor, which provides bus drivers, cafeteria services, etc, you may be eligible for benefits and should apply for benefits.

Q. If a company relocates and offers me a job at the new location, do I have to take it?

A. If the distance you have to travel to accept this offer of employment creates an undue hardship or the job duties or hours of work significantly change, then you may be able to refuse the new job and receive benefits. A claims examiner will review your reasons for not relocating and determine if you are eligible.

Q. Can I collect on my original claim if I start a new job and it does not work out?

A. A claims examiner appointment is scheduled if you decide to leave a new job after accepting it. Your reasons for leaving the new job are evaluated to determine if benefits are payable.

Extensions

Q. What happens when I run out of regular benefits?

A. If you are eligible for an extension, we will send you a notice of eligibility along with a monetary determination, which provides your benefit detail. For EB, you will also be sent a letter explaining your rights and responsibilities that you must meet in order to remain eligible for EB benefits.

If your claim expires while you are receiving benefits, you may qualify for a new claim. If you do not qualify for a new claim, you will remain entitled to any of the above-mentioned extensions, as long as you meet the requirements listed for each.

If you exhaust benefits for all of the available extensions, then your only option is to qualify for a new claim.


Q. If there are no more extensions available, how will I know if I qualify for any future extensions?

A. When you exhaust all of your available benefits, if a new extension is established and you are potentially eligible, the Division of Unemployment Insurance will notify you by mail.  Please keep us informed of your current address.


Q. I was collecting an extension and I was informed that I qualify for a new claim.  The weekly benefit rate is lower than my weekly benefit rate that I was collecting with the extension.  Can I continue to collect the extension instead?

A. No.  Federal and State guidelines both require an individual has no rights to regular benefits, either in New Jersey, any other state or Canada, before extension benefits are paid.  If you are eligible for a new claim, even at a lower weekly benefit rate, the new claim must be filed.


Q. Can I apply for an extension before I exhaust my regular benefits?

A. No.  As in question 3, if you have a balance of regular benefits remaining in your benefit year, you must exhaust those benefits or have your benefit year expire, prior to having an extension filed.


Q. I am currently collecting UI or EUC and will not qualify for another Tier of EUC benefits.  Will the expiration date of the EUC program be expanded?

A. Currently, the EUC program is set expire on December 31, 2009.  In order to qualify for EUC Tier 1, you must exhaust your regular benefits by December 19, 2009.  If you are currently collecting any of the EUC Tiers, you must exhaust those benefits by December 26, 2009, in order to qualify for the next EUC Tier.  Unless Congress extends the December 31, 2009 date, the EUC program will end.  The Division of Unemployment Insurance will notify you if new legislation extends the expiration date and you become eligible for additional EUC benefits.

Overpayment/Refund

Q. Does refund mean I owe money?

A. Yes. If you receive any unemployment benefits to which you are not entitled, you will be required to return any benefits received. If benefits were paid to you in error, you will receive a notice stating the amount you were overpaid and why you were not entitled to the benefits. You have the right to appeal the determination by following the instructions on the bottom of the form.

Q. Why do I have a refund on my claim when I filed only last week?

A. If, in the past, you received any unemployment benefits to which you were not entitled, the Division may recover the overpaid unemployment benefits by using your current benefits. If you did receive any unemployment benefits to which you were not entitled, you should have received a determination stating the reason and the amount you were overpaid.

Q. If I owe a refund, can I pay off the refund in installments?

A. If you cannot afford to repay the amount of money you owe in full, you can arrange to pay monthly. The form BPC-111, Agreement for Monthly Installment Payments, is used to enter into an agreement to make monthly installment payments towards an outstanding benefit overpayment.  For further information, contact the Benefit Payment Control Unit at (609) 292-0030.  Please note, if you are eligible for unemployment benefits, each benefit payment will be used toward repaying the debt until the full amount of the overpaid principal has been repaid.

Payment

Q. What should I do if I forget to claim my benefits on the assigned day?

A. If you miss your assigned date, you should claim your benefits on the Wednesday, Thursday, or Friday immediately following your assigned date.  You should claim your benefits during the week in which your assigned date occurs or benefits could be delayed or denied.

Q. How long does it take after I claim my benefits by using the telephone or the Internet to receive a check?

A. If you are entitled to a benefit check, it will be mailed out the next business day after you claim your benefits by using the telephone or the Internet.

Taxes

Q. Are benefits taxable and how can I have federal income taxes withheld from my unemployment benefits?

A. Unemployment benefits are subject to federal income taxes. You may voluntarily choose to have 10% of your weekly unemployment benefits withheld and sent to the Internal Revenue Service (IRS).  If you want this service, you can request it when filing your initial claim.  You may select or change your withholding status at any time by writing to the New Jersey Department of Labor and Workforce Development, Unemployment Insurance, PO Box 908, Trenton, NJ 08625-0908.  Click here for the "Request for Change in Withholding Status" form.

Q. When do you mail form 1099-G?

A. Form 1099-G, showing the amount of Unemployment Benefits paid and amount of federal taxes withheld, is mailed during the January that follows the calendar year in which benefits were paid.

Q.  What do I do if I have not received Form 1099-G or want to request a duplicate Form 1099-G?

A. 
If you have not received the form contact your Reemployment Call Center (RCC) to request a duplicate copy.  Duplicate copies are printed on the weekends, so the form should be received the week after you make the request.  However, you do not need to wait for the actual form to file your income tax.

Q. What if the amounts on the 1099-G form are not correct?

A. A 1099-G specialist in the Division of Unemployment Insurance can review with you the payments made in the tax year. If the amount is incorrect, the specialist will request that a corrected 1099-G be prepared. If the amount is correct and you still disagree with the amount, an investigation will be made. This investigation may include verifying your signature against the signature on the benefit checks.

When To Contact Us

Q. What should I do if I cannot keep my appointment?

A. You must telephone your Reemployment Call Center as soon as possible after the missed appointment. If you know in advance that you will be unable to attend an interview, you may telephone your Reemployment Call Center prior to the appointment and reschedule the appointment. You will be scheduled for a claims examiner interview to determine why you had to reschedule your initial appointment.

Q. What should I do when my disqualification period is over?

A. When your disqualification period is over, you should call the Reemployment Call Center to reopen your claim.




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