9.9.2021
The New Jersey Division of Unemployment, Department of Labor and Workforce Development (“Unemployment”) mandates that all employers provide a completed Form BC-10, Instructions for Claiming Unemployment Benefits, to employees separated from employment. Previously, New Jersey did not require that employers provide the form to employees who were separated for fewer than seven days. Under the newly enacted law, P.L.2011, Chapter 87, Form BC-10 must be given to any employee who becomes unemployed for any reason, whether the separation is permanent or temporary.
The law requires employers to submit additional information about the employee’s employment, including:
- the date the employee became unemployed;
- any return to work date for the employee, if the employment separation is temporary;
- a notification that the employee may lose some or all benefits if the unemployment claim is not filed in a timely manner.
In addition to the above information, the employer must also provide:
- the employer’s complete name and address;
- the employer’s New Jersey identification number;
- the employer’s telephone number;
- the work location of the employee;
- the date of the employee’s separation from employment.
The newly enacted law regarding Form BC-10 also provides that employers that fail to adhere to the new requirements will be subject to penalties prescribed by New Jersey Administrative Code Section 43:21-16(c). This provision establishes a fine of $50.00 to be paid to the Unemployment Compensation Auxiliary Fund. Each day an employer fails to provide Form BC-10 to an employee constitutes a separate offense and incurs an additional $50 fine.
TAKEAWAY: Employers must provide Form BC-10 to employees separated from employment for any reason and for any length of time or face penalties.
If you are an employer and need help navigating the state’s requirements for employee termination or any other employment laws, contact Stephanie Gironda or any member of the Wilentz Employment Law Team.
Sources:
[1] Instructions for Claiming Unemployment Benefits - Form BC-10
[2] P.L.2011, Chapter 87
The postings on this blog were created for general informational purposes only and do not constitute legal advice or a solicitation to provide legal services. Although we attempt to ensure that the postings are complete, accurate, and current as of the time of publication, we assume no responsibility for their completeness, accuracy, or timeliness. The information in this blog is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. Readers should not act upon this information without seeking professional legal counsel.
This blog may contain links to independent third party websites and services, including social media. We provide these links for your convenience, and you access them at your own risk. We have no control over and do not monitor the content or policies (including privacy policies) of these third-party websites and have no responsibility for, and no liability with respect to, their content, accuracy, or reliability. Unless expressly stated, we do not endorse any of the linked websites or any product, service, or publication referenced herein or therein. We will remove a link to any site from this blog upon request of the linked entity.
We grant permission to readers to link to this blog so long as this blog is not misrepresented. This site is not sponsored or associated with any other site unless so identified.
If you wish for Wilentz, Goldman & Spitzer, P.A., to consider representing you, please obtain contact information from the Contact Us area of this blog or go to the firm’s website at www.wilentz.com. One of our lawyers will be happy to discuss the possibility of representation with you. However, the authors of Wilentz blogs are licensed only in New Jersey and/or New York and do not wish to represent anyone who viewed this site in a state where the site fails to comply with all laws and ethical rules of that state.
