Summary At a Glance
- Electronic Reporting Required. New Jersey employers must use the NJDOL Employer Response Portal to proactively report employee separations.
- Seven-Day Deadline. Separations must be reported within seven days, regardless of whether the employee resigned, was terminated, laid off, or retired.
- Do Not Wait for a Claim. Report the separation when it occurs rather than waiting for an unemployment claim or claim notice.
- Form BC-10 Still Required. Employers must continue providing separating employees with Form BC-10, but do not need to submit the form through the portal.
New Jersey employers should review their offboarding procedures now that the New Jersey Department of Labor and Workforce Development’s (NJDOL) Employer Response Portal is available to proactively report employee separations.
Although the underlying requirement took effect in July of 2023, NJDOL delayed full implementation while developing the infrastructure necessary for employers to comply electronically. The Employer Response Portal is now operational, and as of August 1, 2026, employers are expected to ensure that they are registered with NJ DOL Employer Access; are prepared to submit required separation information electronically within the applicable timeframe; and that electronic separation reporting is incorporated into their standard offboarding procedures.
Under New Jersey law, employers must report an employee’s separation to NJDOL within seven days of the separation. The requirement applies regardless of the reason for separation, and includes resignations, terminations, layoffs, and retirements. Employers should not wait until an unemployment claim is filed by a former employee or a claim notice is received before reporting the separation.
Employers must continue to provide separating employees with Form BC-10, Instructions for Claiming Unemployment Benefits. However, a copy of the form does not need to be submitted through the Employer Response Portal.
Employers should also monitor unemployment benefits determinations closely. Employers generally have seven calendar days to appeal a determination. If required information is not provided and the employer does not appeal within the designated timeframe, the determination may become final based on the information available to NJDOL. New Jersey law also provides penalties for willful failure to furnish required reports or information.
Recommended Next Steps for Employers
Organizations with employees in New Jersey should review their offboarding practices and consider taking the following steps:
- Update Separation Procedures. Add electronic reporting through the NJDOL Employer Response Portal as a standard step in the offboarding process for all employee separations.
- Confirm Portal Access. Verify that designated personnel are registered with NJDOL Employer Access and can access the Employer Response Portal before a separation occurs.
- Establish a Tracking Process. Implement a process for recording separation dates and confirming that required information is submitted within seven days.
- Maintain Required Documentation. Continue providing Form BC-10 to separating employees and retain appropriate records confirming that required information was submitted to NJDOL.
- Review Determinations Promptly. Establish a process for routing unemployment benefits determinations to the appropriate personnel so they can review and respond within applicable appeal deadlines.
- Train Relevant Personnel. Ensure managers, HR personnel, payroll staff, and others involved in employee separations understand the reporting process and their respective responsibilities.
How HR Works Can Help
Keeping offboarding procedures aligned with changing state requirements can be challenging, particularly when implementation timelines and administrative processes evolve after a law takes effect.
HR Works can assist employers with reviewing HR policies, procedures, and compliance practices to help ensure required steps are incorporated into the employee separation process.
Current clients may contact their designated HR Consultant for additional information.
Not an HR Works client? To learn more about how HR Works can support your organization’s HR compliance needs, contact us by visiting our website and completing a “Contact Us” form or calling us toll-free at 1-877-219-9062.
