Official Site of The State of New Jersey

Able (to work)
Able (to work) means you're healthy enough physically and mentally to do a job. If you're sick, hurt, or have another health issue, you may not be eligible for unemployment until you recover and are able to work.

If you are not able to work, you might get help from other programs, like temporary disability and family leave or workers compensation. If you become disabled while on unemployment, you might be eligible for Disability During Unemployment benefits.

Active search for work
To stay eligible for unemployment benefits, you must actively search for work each week by contacting an employer by phone, mail, internet, or in person. Be prepared to show proof of your job search efforts at any time. You may be denied benefits for any week(s) that you did not look for work.

Download a worksheet to track your job search activities. This is very important because if you cannot show that you searched for work, it can result in an overpayment, and you may have to return benefits you received.

Adjournment/Postponement
An adjournment (or postponement) means a hearing is moved to a later date. This may be needed, for example, to take more testimony or to hear from an important witness. An examiner can order a postponement or grant a postponement that you or your employer asked for. Postponements are usually only granted for exceptional circumstances.

Affirmed
If you appeal your decision/determination it can be affirmed, modified, or reversed. If it is affirmed, it means no changes have been made to the existing decision.

Alternate base year periods
If you didn't earn enough during your regular base year to qualify for unemployment benefits, there are two alternative base year periods that the Division may look at to see if you had sufficient earnings. Learn more about alternate base periods.

Appeal Tribunal
The Appeal Tribunal is the first level of appeal, and is where there is a meeting known as a hearing to gather evidence and take testimony related to the appeal.

Appeal(s)
If you or your employer disagree with a decision about your claim, you can ask that it be reviewed by filing an appeal and explaining why you disagree.

You have a limited amount of time to appeal, so it's important to follow the instructions in your decision notice. If you file your appeal late, it will be dismissed unless you can show good cause for being late.

Appellant
If you or your employer disagree with a decision about your claim, you can ask that it be reviewed by filing an appeal and explaining why you disagree. The person filing the appeal is known as the Appellant.

Available (for work)
Available (for work) means that you must be ready to start a job immediately, and have access to things such as transportation and childcare. For instance, being out of town on vacation makes you unavailable for work. To remain eligible for unemployment benefits, you must be available (for work).

Average weekly wage
The average weekly wage is something used to calculate your weekly unemployment benefit payments. It is generally the total wages earned in your base period, divided by the number of base weeks worked. Learn more about how the Division calculates unemployment benefits.

Back pay
Back pay is money ultimately paid to you by your employer for the same period of time that you collected unemployment. This usually happens because of a settlement after a work-related disagreement. So, if you receive back pay from your employer, you may need to repay some or all of the unemployment benefits you received for the overlapping time period. Learn more about back pay.

Base period/Base year
The base period/base year is the timeframe the Division uses to determine whether you have enough earnings to have a valid unemployment claim and calculate the amount you are eligible to receive in benefits. The base period is determined using the date your claim was filed (not the date you separated from work). Learn more about your base year period and earnings needed to qualify for unemployment. 

Base week (rate)
A base week is used to calculate the unemployment benefits you may be entitled to, as well as the number of weeks you can receive unemployment.  You will be found to have a base week if your wages in that week equal 20 times the New Jersey hourly minimum wage. Learn more about the current base week rate and how the Division calculates benefits.

Benefit year end
A valid unemployment claim is good for one year from the date of claim unless you receive all of your benefits sooner. You can only have one claim per benefit year. So, as soon as a filed claim is deemed valid, you cannot file another claim in that same benefit year.

Board of Review
The Board of Review is the highest level of review for hearing and deciding benefit disputes within the Department of Labor and Workforce Development. If you disagree with a decision made by the Appeal Tribunal you can appeal to the Board of Review. After the Board of Review makes a decision, if you still disagree you can then appeal to the Superior Court of New Jersey, Appellate Division.

Certify for benefits
You must inform us weekly or biweekly that you're still actively looking for work, and meet all other criteria for claiming unemployment benefits. Benefits are paid only for weeks you certify and qualify. It's best to certify online but you can also certify by phone at 732-761-2020.

Continue to certify every week, even if you are waiting for results of an appeal. This is important, because if you win your appeal, you can receive unemployment benefits for the weeks you certified (pended credit). 

Claimant
A Claimant is anyone who files a claim for unemployment insurance benefits in New Jersey.

Connected to the work
Connected to the work is a standard for deciding if your actions disqualify you from unemployment benefits because of misconduct or to determine if you voluntarily quit your job. Issues that are connected to the work may occur during normal work hours, outside of normal work hours, or off your employer's premises. The issue is connected to the work if there is substantial evidence that your conduct negatively affected your employer or your ability to do your job. NJAC 12:17-2.1

Corporate officer
An officer of a corporation or a business owner with more than a 5% equitable or debt interest in the corporation. A corporate officer is typically not considered to be unemployed during their term of office or ownership. However, if you operate a part-time corporate business while you are employed elsewhere, you may be entitled to unemployment benefits if you lose that job.

Note that a corporation continues to exist and is considered viable unless it has been officially dissolved or has filed for Chapter 7 bankruptcy.

Covered employment
Unemployment benefits are only given to workers who have earned enough wages in covered employment to be eligible. Workers who are not in covered employment include independent contractors who work for themselves. Also, work at some religious institutions may not serve as covered employment.

Note that employers may misclassify their employees (say they are independent contractors when they are not), so it is always best to file a claim for unemployment benefits immediately and let the Division advise you.

Date of claim
The date of claim is the Sunday at the start of the week in which you filed your initial claim for unemployment insurance benefits. For example, if you file for benefits on a Wednesday, your claim will be dated for the Sunday before you filed.

Unemployment benefits are paid for a 7-day week, starting on Sunday and ending on Saturday.

Dependency benefits
Dependency benefits are additional payments you may be entitled to if you meet certain eligibility criteria. Learn more about dependency benefits. You must apply for dependency benefits within 6 weeks of your initial New Jersey unemployment benefits claim, or within 8 weeks if you have a claim in another state.

If you qualify for dependency benefits, your weekly unemployment benefit can increase by:
     • 7% for your first dependent
     • An additional 4% for each of up to 2 more dependents

Dependency benefits can increase your unemployment benefits by up to 15%, but you cannot receive more than the maximum weekly benefit rate.

Dependent
You may qualify for unemployment dependency benefits if you have:

• An unemployed spouse or civil union partner;
• An unemployed, unmarried disabled adult child who has blindness or a disability which began before the age of 2;
• Unemployed, unmarried children under the age of 19 (22 if the child is still in school full time).

Determination/Decision
A determination or decision is a conclusion as to whether you are eligible for unemployment insurance benefits.

Direct deposit
Direct deposit is one of two ways you can choose to receive unemployment benefit payments. With direct deposit, after your weekly certification is approved, the money is deposited directly into the authorized bank account 48 hours later. The other way to receive benefits is using a prepaid debit card.

Disability During Unemployment
You must be physically and mentally able to accept work to receive Unemployment benefits. If you became disabled (not physically or mentally able to accept work) more than 14 days after the separation from your job, you should file for Disability During Unemployment within 30 days of the start of the disability.

If you become disabled while you are working, file a claim with the Division of Temporary Disability Insurance. NJAC 12:17-17.1

Discharged
Getting discharged (also known as dismissed or fired) occurs when your employer lets you go for reasons other than they have no more work for you. You may be discharged, for example, if you are frequently late, have poor performance, or miss deadlines. If you are discharged for misconduct at work, you will be disqualified from unemployment benefits for 6 weeks from the date of the discharge, after which you can reopen your claim.

Disqualified/Disqualification

You are disqualified from getting unemployment benefits if you were fired for misconduct, quit your job without good cause related to the work, or said no to a suitable offer of work.

In some cases, you may be able to reopen your claim after your disqualification period ends. Learn more about disqualifications related to misconduct, voluntary quit, and refusing suitable work.

Domestic violence
If you had to quit your job or were fired because of domestic or sexual violence situation, you should be eligible for unemployment benefits. Learn more about unemployment for victims/survivors of domestic violence.

E-adjudication
If the Division has questions about information you gave us in your unemployment application or weekly certification questions, and you've given your email, the Division will email you to ask for more details (this is known as electronic adjudication, e-adjudcation for short). If you didn't provide an email address, the Division will set up a phone call for a fact-finding hearing to find out more.

Evidence
Evidence is information that you provide to an examiner to help determine the truth. Evidence includes things such as manuals, e-mail exchanges, contracts, audio or video recordings, and testimony given by people who have information related to the dispute. All evidence the examiners use to make a determination will become part of the record.

Fact-finding interview
If the Division has questions about your claim, you will be contacted for additional information. This is known as a fact-finding interview. During the interview you will have the opportunity to provide your side of the story. You can attend the fact finding by yourself or have an attorney or non-attorney represent you at your cost.

A written determination will be issued after the fact-finding with an opportunity to appeal if you disagree.

Fraud
It is fraud to provide false, incomplete, or inaccurate information in order to get unemployment benefits. Working and collecting unemployment without reporting your earnings is fraud.

Fraud is a crime that can be prosecuted and punished.

Good cause (for late appeal)
It is important that you file an appeal on time. If you file late, your case will not be heard unless you can show that the reason you filed late was beyond your control, and so substantial that it prevented you from filing the appeal on time. (N.J.A.C. 12:17- 4.1)

Learn more about appeals.

Good cause attributable to the work
You will be disqualified from unemployment if you voluntarily leave your job (“quit”) unless you can show that the quit was for “good cause attributable to the work.” This means that the reason for leaving is directly related to the job and is so compelling that you had no choice but to leave the job. An example of good cause attributable to the work is where a claimant can show harassment, discrimination or unsafe, unhealthful, or dangerous working conditions that were so intolerable that they had no choice but to leave the employment. If you leave your job for personal reasons – for example, to take care of a sick relative – your reason for quitting is not connected with the work.

The burden of proof is on the claimant to prove that they quit for good cause attributable to the work.

Gross earnings
Gross earnings is the money you make before anything is taken out for taxes and other deductions. For example, if you earn $20 an hour and work 10 hours, your gross earnings are $200. The actual amount you receive in your paycheck after taxes and deductions are taken out will be less. This is your net pay.

If you are working part-time and collecting unemployment benefits, you must report your gross earnings each week on your weekly certification.

Gross misconduct
Gross misconduct is a more severe form of misconduct. It is committing an act that is punishable as a crime of the first, second, third or fourth degree under the New Jersey Code of Criminal Justice. (N.J.S.A. 2C:1-1) Gross misconduct will disqualify you from unemployment benefits until you:

(1) become reemployed; and
(2) have worked a minimum of eight weeks and earned at least 10 times your weekly benefit rate in your new job; and
(3) can establish a valid claim

If you are found to have committed gross misconduct, the wages from that job cannot be used to establish a claim for unemployment benefits.

The employer must produce written proof to show that you were fired for gross misconduct. (NJAC 12:17-10.1)

Hearing
A hearing is part of the appeals process. It is a meeting where you and an employer can give evidence, ask questions of witnesses, and explain your side of the story. In New Jersey Unemployment cases, hearings for an appeal are handled by the Appeals Tribunal. You may represent yourself at the hearing, hire an attorney to represent you at your own expense, or authorize a friend or family member to help you. Unemployment hearings are less formal than a state court trial, but they follow a basic structure to ensure fairness and due process of law. All testimony is under oath and recorded.

Hearsay
Hearsay means a person testifies about things another person said or a rumor about what another person said or did. Because hearsay is not based on direct knowledge, if anyone at a hearing objects to hearsay it usually cannot be used as evidence (it is not admissible). In unemployment hearings, which are less formal, you can and should object if you disagree, but hearsay may still be considered if it is relevant.

Initial claim
An initial claim is the first time you apply for unemployment in a new unemployment benefit year. You can reopen a claim within a benefit year (until you reach your maximum benefit amount) but you can only have one valid unemployment claim at a time.

Invalid claim
If you didn't earn enough money during the base period to qualify for unemployment benefits, your claim might be considered invalid. You can check the monetary eligibility criteria and if you think you have earned enough to qualify, you can appeal. You will receive a notice with instructions.

Labor dispute
Labor dispute means any controversy concerning wages, hours, working conditions or terms of employment between an employer and a bargaining unit or a group of employees. A labor dispute generally arises as part of an organized strike by a union or lockout by employer. This section does not apply to an individual “at will” employee who is having a disagreement with their employer, for example. Learn more about labor disputes and unemployment eligibility.

Late appeal
A late appeal means you didn’t file an appeal within the time frame shown on your decision or determination notice. Your appeal can be denied if you file it late. A late appeal will only be considered if you have good cause for filing late.

Misclassification (employee misclassification, worker misclassification)
Misclassification occurs when an employer improperly classifies you as an independent contractor. Misclassification may illegally deprive you of legal protections, such as overtime pay, access to leave and other benefits. In New Jersey, you are presumed to be an employee unless your employer proves otherwise. If you are unemployed and think your employer misclassified you, apply for unemployment benefits. Learn more about worker misclassification.

Misconduct
Misconduct means conduct that is improper, intentional, and connected to your work. Misconduct is willful behavior, and not simply making a good faith error or having a lapse in judgment. It is deliberate action, such as refusing to comply with your employer’s lawful and reasonable rules. Examples of misconduct are things like ignoring safety and drug-free workplace standards. (NJAC 12:17-2.1)

If you are disqualified due to misconduct, you cannot receive unemployment benefits for 6 weeks from your last day of work. You can reopen your claim for benefits after that time.

The employer must produce written proof to show that you were fired for misconduct. (NJAC 12:17-10.1)

Modified
If you or your employer disagree with a decision about an unemployment benefits claim, an appeal can be filed to request that the case be reviewed and that the decision be reversed or modified. A modified decision is changed in some way. For example, if an initial decision finds you are ineligible indefinitely, a modified decision might change it to 4 weeks of ineligibility.

Monetary eligibility
To qualify for unemployment benefits, you need to have earned enough money during your base year. (NJAC 12:17-5.1) This means:

1. You made at least 20 times the New Jersey minimum hourly wage in at least 20 weeks of your base year; OR
2. If you do not meet the first test, that you made at least 1,000 times the New Jersey minimum hourly wage in your base year; OR
3. If you do not meet either of the tests above, that you worked at least 770 hours in agriculture (for example, growing and picking crops) in your base year
   

Learn more about earning enough during your “base year period” of employment.

Monetary review
You might need to do a quick interview or fill out a form online to give more details about your earnings during your base year. This is known as monetary review and it helps the Division calculate the unemployment payments you might qualify for.

Non-monetary issues
Non-monetary issues are issues that could affect your eligibility for benefits, but don't have to do with your earnings. Some examples of non-monetary issues include the reason you were separated from your job and your ability and availability to work.

Overpayment
An overpayment happens when you receive unemployment benefits that you are not entitled to. This can happen, for example, when wage information is incorrect, or an appeal changes the initial determination of eligibility. You must repay the full amount of any overpayment, including any taxes paid to the IRS on the benefits. However, the terms of repayment, and how the state can collect overpaid benefits can differ depending on how the overpayment is classified.

If you have an overpayment, you will be sent a notice explaining the reason for the overpayment. You will also receive a separate notice stating the amount of the overpayment with appeal rights. NJAC 12:17-4.3. Learn more about overpayments.

Partial benefits
If you continue to work while on unemployment but are working less than full-time (generally 32 hours or under weekly) you may be eligible for partial unemployment benefits. If you are maintaining part time work you must report your work hours and gross earnings each week and keep searching for work to be eligible. Learn more about working part-time while on unemployment.

Password
A password is a combination of words, numbers and characters that you create to access your account on our web site. Your password must be:

• at least 8 characters long; and
• include at least one number, one uppercase letter, one lowercase letter, and
• include at least one of these characters: ! @ # $ %.

Your password is a secret that protects your personal information. Do not give your password to anyone else.

Pended credit
If your benefits are in pending status, you must continue to certify for unemployment benefits every week while you wait for an appeal or a decision. If the decision is ultimately in your favor, you may get your pended credit, meaning you will be paid for the weeks in which you certified and were found to be eligible.

Pending claim
A pending claim means that we have not yet completed a review of your initial application. If your claim is pending, check your mail and email and watch for phone calls, because we may reach out to collect more information. Also continue to check the Division of Unemployment website to see if your claim status has changed to Filed.

Personal identification number
Your personal identification number (PIN) is a 4-digit number you create when you certify for benefits for the first time. You must enter your PIN every time you certify for benefits. Like your password, your PIN is a secret. Do not share it.

Prepaid debit card
One of two ways you can receive unemployment benefit payments. After a claim is approved and you have certified for benefits, if you have not selected to receive benefits through direct deposit, your payments will be made using a prepaid debit card.

Quit
You "quit" a job when you are the one to initiate the job separation and leave your job voluntarily. If you quit, you may be disqualified from unemployment benefits unless you can prove you had a good cause attributable to the work.

The burden of proof is on the claimant to prove that they quit with good cause attributable to the work. 

To remove a disqualification for voluntary leaving, you must return to work (in covered employment) for at least eight weeks, earn at least 10 times your weekly benefit rate, and then become unemployed through no fault of your own.

Record
The complete account of what happened in the case, including all testimony and other evidence submitted, which the Division or a court uses to make their determination. If you are appealing your case, you are entitled to a copy of the record.

Regular base year period
This is the time frame the Division uses to determine if you've earned enough to qualify for unemployment benefits. It is the first 4 of the last 5 completed calendar quarters before the week you filed your initial claim. A calendar quarter is a block of 3 months, beginning with January. So, January, February and March is considered one quarter. April, May and June another quarter and so on.

Here's an example:

If your initial claim was filed in January 2024, your regular base year period would be October 1, 2022 through September 30, 2023.

If you didn't earn enough during your regular base year period, the Division will look to see if you qualify under alternate base years.

Regulations (also called Rules)
The Department of Labor creates regulations to implement requirements of federal and state unemployment law. Regulations have the force of a law. Here are the New Jersey Unemployment regulations.

Remand
A remand sends a case back to reviewers so they can address or reconsider issues in the earlier review. After being remanded, the decision  may be affirmed, reversed, or modified. If your case is remanded, you may be scheduled for a new hearing to gather more information.

Remuneration
Remuneration includes all the ways your employer pays you for your work, including regular pay, commissions, bonuses, and benefits. See NJAC 12:16-4.1 for a complete list of remuneration types.

Reopen/Reassert (your claim)

You will need to reassert or reopen your claim if:

• You found work during your benefit year but are now unemployed again
• You were disqualified for benefits but the disqualification period is now over
• You did not certify for benefits for more than 28 days
• You did not claim benefits for a period of time because you were not available for work (for example, if you were on vacation or did not have access to transportation for a period of time) and your circumstances changed and you are now able and available for work

Reopened claims are not backdated, so it is important that you reopen your claim immediately, or you could lose benefits. To reopen your claim and receive unemployment benefits again, log in to your account or call the call center.

Retirement benefits/retirement pay
Retirement benefits include things like pension payments and personal retirement plan payments, for example, from a 401(k) or 403(b) account. If you are collecting a pension or retirement pay from a base year employer while claiming unemployment, you must report your retirement benefits. However, Social Security retirement benefits do not affect your unemployment benefits.

Reversed
If you or your employer disagree with a decision about an unemployment benefits claim, an appeal can be filed to reverse or modify the decision. A reversed decision means the reviewers disagreed with the decision and changed it.

Separation pay
Separation pay is money you may receive from your employer when you are let go from work. You should apply for unemployment benefits immediately after you are let go from work, report any type of separation pay when you file your claim, and let the Division advise you about your eligibility for benefits.

Types of separation pay include:

• Severance pay – money paid to you by your employer when you are let you go from work. Severance is usually, but not always, based on the number of years you have worked for the employer.
• Continuation pay – when you are let go but the official date of work separation occurs in the future (usually based on contract) and you are receiving your salary or benefits regularly until the official separation date.
• Payment in lieu of notice – money paid to you that you would have earned if you worked through a contracted period but are being let go before the end date required by contract.

Statute
A statute is a law. Unemployment statutes are laws that guide the administration of unemployment benefits.

Subpoena
A subpoena is a legal order that requires a person to provide information. Subpoenas are issued when someone was previously asked for this information but did not provide it. This person must appear at a specific time and place to testify as a witness or produce requested documents and records that are important to the case. Subpoenas may be issued at the request of someone involved in the case, by the Division or by the Appeal Tribunal.

Suitable new job/work
A suitable new job/work is one that fits your skills, experience, health, prior earnings, location, safety, and moral standards. To be considered for unemployment benefits, you are required to accept a suitable job offer, and declining one can disqualify you from receiving unemployment benefits for 4 weeks. A suitable new job/work should pay at least 80% of what you earned during your base year. NJAC 12:17-11.2

Testimony
Testimony are statements made by you, the employer, or a witness at a hearing about what you know, saw, or heard about the issues in the case. These statements are taken under oath or affirmation, which means that all parties testifying must tell the truth. Testimony can be used to support or dispute a position.

Transcript
A transcript is a written copy of all testimony at an Appeal Tribunal hearing. You may ask for a transcript when you file an appeal in the Superior Court, Appellate Division. You can also request an audio copy of your Appeal Tribunal hearing.

User name
Your user name is the email address you use to log in and access your unemployment claim information.

Valid claim
If you have earned enough money during your base period, your claim for unemployment benefits will be considered valid (also known as establishing monetary eligibility).

Having a valid claim is only one piece of establishing entitlement to benefits. 

Claimants who have a valid claim are not entitled to benefits unless they meet all eligibility requirements. For example, a claimant with a valid claim may be disqualified from benefits if they voluntarily quit their job, or were discharged for misconduct, until they have satisfied other criteria.

Wages
Wages means the payment you receive from your employer for work or services provided.

• Gross wages are the total amount you earn before taxes and deductions.
• Net wages are your 'take-home pay,' the amount you receive after taxes and deductions have been subtracted.

If you get tips (gratuities) as part of your job, these are also counted as part of your wage.

Waiver (of overpayment)
If you can't repay your overpayment, you may request an overpayment waiver, which can forgive some or all of what you owe. The process for requesting a waiver, and the criteria used to determine if your overpayment may be waived, depends on the type of unemployment program. Learn more about overpayment waivers.

Weekly benefit rate
The weekly benefit rate is the benefit amount you are eligible for. This is generally 60% of your average weekly wage during your benefit year, up to the annual maximum.

Witness
A witness is a person that you or your employer calls to help support their case. You must arrange for witnesses to appear at the Appeal Tribunal hearing. If a witness refuses to appear, you can ask for a subpoena.

Work search waiver
A work search waiver excuses you from actively seeking full-time work while claiming unemployment benefits. You may be granted this waiver if:

• You are in a preapproved training program
• You find work through union hiring halls
• You are laid off temporarily and have a definite date for returning to work within 8 weeks of the layoff

Work stoppage/stoppage of work
A work stoppage is a substantial reduction in work due to a labor dispute. Your employer is considered to have a “stoppage of work” if they cannot meet 80% of their normal production of goods or services. Learn more about labor disputes and unemployment eligibility.