New Jersey employers, take note: the New Jersey Department of Labor (“NJDOL”) Employer Access Portal’s section for employment separations is now officially live and available for use.  This is the portal through which employers are required to submit separation information in connection with unemployment insurance claims, a requirement we previously flagged in our prior Cole Schotz Alert on the new separation information mandate.

If you have not registered yet, now is the time.  If you have already logged in, you may have noticed this disclaimer on some pages: “We are updating our forms. Some forms look different while updates are underway.”  However, the portal is fully operational, and employers should proceed with registration and submissions as normal.

Below, we walk through how to access the portal and what to expect at each step of the submission process.

How to Access the Portal

Employers can access the NJDOL Employer Access Portal through the myNewJersey portal at the following link: https://my.nj.gov/portal/Desktop.  The NJDOL Employer Access Portal itself has been around for some time, but the employment separations component is a new feature.

If you have not yet created a myNewJersey account, you will need to register first. The registration process requires basic business identification information, including your Federal Employer Identification Number (FEIN).  Employers should ensure that the individual registering on behalf of the company is authorized to do so and has access to relevant payroll and HR records.  

Once registered, users can log in and navigate to the employer services section (under Labor Applications, click on UI Employer Response) to begin submitting separation information.

A Step-by-Step Breakdown of the Portal

Once logged in, the portal guides employers through a seven-step submission process.  Here is what to expect at each stage:

Step 1: Contact Information

This section is used to determine claim eligibility based on separation reason, payments received, and retirement pay.  The person completing the form must provide their name, job title, email address, and phone number.

Before starting, make sure you have the following information readily available:

  • Details about the employee’s (referred to throughout the form as the “claimant”) separation from employment;
  • Information about any payments received by the claimant after their last day of work; and
  • Details regarding any retirement pay being received at the time the form is completed.

Step 2: Employment Details

This step requires the company name, FEIN, SYN, and the claimant’s name.  Have your payroll records handy to ensure accuracy.

Step 3: Additional Details

Here, employers are presented with a text box to provide any additional information regarding the claimant’s separation.  Use this space to offer context that may not fit neatly into the structured fields, such as a brief narrative of the circumstances surrounding the separation.

Step 4: Document Upload

This is a critical step.  Employers are asked to upload any documentation they believe would assist the Unemployment Agency in making its determination.  The type of documentation to upload will vary depending on the circumstances:

  • Termination or resignation in lieu of termination: Asks for “the relevant policy, warnings, and any other supporting documentation in regards to the final incident” leading to the separation.
  • Voluntary resignation: Asks for “documentation to support prior complaints, resolution attempts, leave of absence requests, medical documentation, or any other supporting documentation.”
  • Retirement pay: Asks for “supporting documentation” evidencing the retirement pay arrangement.
  • Post-separation payments: Asks for “supporting documentation” regarding any payments made to the claimant after their last day of work.

Step 5: Review & Print

Review all of the information you have entered for accuracy. The portal gives you the option to print your submission for your records.  We recommend doing so.

Step 6: Certify & Submit

Certify that the information provided is accurate and complete, then submit.  Once submitted, the information will be transmitted to the NJDOL for use in reviewing the unemployment claim.

Step 7: Confirmation

You will receive a confirmation that your submission has been successfully received.  Save or print the confirmation page for your files.

What Employers Should Do Now

Because the portal is live, employers should act promptly to ensure they are prepared to comply with the separation information submission requirements.  Here are key action items:

  • Register for the portal.  If you haven’t already, create your myNewJersey account and register for employer access at my.nj.gov/portal/Desktop.
  • Designate a point of contact.  Identify the individual(s) within your organization, whether in HR, legal, or payroll, who will be responsible for responding to separation information requests through the portal.
  • Organize your separation documentation practices.  Review and tighten your internal processes for documenting employee separations.  The portal’s document upload feature means employers should be maintaining clear records of warnings, policy acknowledgments, resignation letters, and other separation-related materials in real time, not scrambling to assemble them after a claim is filed.
  • Coordinate with counsel.  For contested separations or situations involving sensitive circumstances, we recommend consulting with employment counsel before submitting information through the portal.

As the law continues to evolve on these matters, please note that this article is current as of date and time of publication and may not reflect subsequent developments. The content and interpretation of the issues addressed herein is subject to change. Cole Schotz P.C. disclaims any and all liability with respect to actions taken or not taken based on any or all of the contents of this publication to the fullest extent permitted by law. This is for general informational purposes and does not constitute legal advice or create an attorney-client relationship. Do not act or refrain from acting upon the information contained in this publication without obtaining legal, financial and tax advice. For further information, please do not hesitate to reach out to your firm contact or to any of the attorneys listed in this publication. No aspect of this advertisement has been approved by the highest court in any state.