What do I have to give an employee I let go in New Jersey besides the last paycheck?

Luman Group · Published November 9, 2026

What is the New Jersey BC-10 form, and when does an employer give it?

The BC-10 is a one-page form from the New Jersey Department of Labor and Workforce Development. Its full name is Instructions for Claiming Unemployment Benefits. The top half is yours to fill in. The bottom half tells the worker how to file for unemployment.

The form itself spells out the rule. Under section 6(a) of the New Jersey Unemployment Compensation Law and rule N.J.A.C. 12:17-3.1, you must complete it and give it to each worker at the time of separation, whether the separation is permanent or temporary, and for any reason.

"For any reason" is the part owners miss. It covers:

• A firing for cause, even a serious one.
• A layoff or a cut for lack of work.
• A resignation, including the employee who quits by text.
• A temporary layoff where you expect to call the person back.

You are not deciding whether the person will get unemployment by handing over the form. The state decides that. The form just makes sure the worker knows how to file and has your correct details when they do.

What goes on the BC-10?

The employer section is short. The current version, BC-10 (8/23), asks for:

• Your business name and address.
• Your New Jersey Employer Identification number, the one on your state payroll filings.
• Your business phone number.
• The work location, if it is different from your address.
• The date of separation.
• Whether the separation is permanent or temporary, and if temporary, the expected recall date.

The worker's half tells them that no benefits are paid for any week before they file, that delay can affect eligibility, and that they can file online at myunemployment.nj.gov. It also asks them to keep the form handy when they file.

A few practical habits help:

• Fill it in before the meeting. If you are letting someone go in Long Branch on a Tuesday afternoon, the BC-10 should be in the folder with the final pay details, not printed after they leave.
• Hand it over or send it the same day. If the person resigns by text and never comes back, mail or email it promptly and keep a note of when and how you sent it.
• Keep a copy. The state does not ask you to send it in, but your copy shows you met the rule.

Do I have to report the separation to the state now?

Yes, and this is new for most small employers. A New Jersey law, P.L. 2022, c. 120, requires employers to send the state separation information. The Department of Labor's Employer Response Portal is now open, and the state's instructions are direct:

• Report an employee's separation to New Jersey Unemployment within 7 days of the date of separation.
• Do not wait for the employee to file a claim first. The state says this includes people separated for lack of work.
• If a claim notice reaches you, you have 7 days from that notice to respond.

To use the portal you must be registered with the state's Employer Access system. If you use an outside payroll company, a professional employer organization or another administrator, check who is responsible for these reports before your next separation, not after.

Here is why it matters. If you do not send your side within 7 days, the state says it will make its decision on the claim with the information it has, without your side of the story. The decision and your appeal rights come by mail. If you do not appeal within 7 days of receiving it, the decision is final.

Write your separation reason the same way you would want to defend it later. Whatever you submit is shown to the claimant. That is one more reason the reason on paper should match the reason you gave in the meeting, which is the core of our guide on how to fire an employee without getting sued.

What else is owed when someone leaves a New Jersey job?

The final paycheck

New Jersey wants all wages due paid by the regular payday for the pay period in which the person left, whether they quit or were fired. You cannot hold the check until they return a laptop, and you cannot deduct for it. Our New Jersey final paycheck guide covers the deadline, PTO payout and the deductions the state does not allow.

Health coverage

If you offer a group health plan and had 20 or more employees in the prior year, the federal law known as COBRA usually applies. COBRA lets a departing worker keep the group coverage for a time, generally up to 18 months after a job ends, at their own cost. According to the U.S. Department of Labor:

• The employer must notify the plan within 30 days of the job ending or of hours being cut.
• The plan then sends the worker an election notice within 14 days.
• The worker gets at least 60 days to decide.

Smaller New Jersey employers with an insured plan may fall under a state continuation rule instead. Ask your insurance carrier or broker which notices apply to your plan, and put the answer in your separation checklist.

A larger layoff

If you have 100 or more employees and are cutting 50 or more jobs in New Jersey in a short window, the state's WARN law applies. Since the 2023 amendments it calls for 90 days' notice and severance of one week of pay for each year of service, with four more weeks if notice falls short. That is a moment to bring in an employment attorney before you announce anything.

A New Jersey separation checklist for small employers

Most separation problems are paperwork problems that show up months later. Keep one checklist and use it every time, for every kind of exit.

1. Before the last day: confirm the reason and the record behind it, set the final pay date, and fill in the BC-10.
2. On the last day: give the BC-10, collect company property as a separate step from pay, and shut off access.
3. Within 7 days: report the separation through the state's Employer Response Portal, and tell your health plan if the person had coverage.
4. On the next regular payday: pay all wages due, with only the deductions New Jersey allows.
5. After: watch the mail and your email for any unemployment notice and respond within 7 days. Keep copies of everything in the personnel file.

If you have 15 or more employees, check whether the person had recently asked for leave before you finalize anything. New Jersey's family leave protections now reach much smaller businesses, which we explained in our post on the NJ Family Leave Act for small businesses.

Luman Group's HR toolkits include the Termination Done Right Kit, with a pre-termination checklist, meeting scripts, a separation agreement and a final pay reference. Luman Group is not a law firm and this post is HR information, not legal advice. For a contested exit, talk to an employment attorney.

Want a second set of eyes before the next separation?

Meghan Davey, SPHR, has spent more than 20 years in HR leadership and works with New Jersey employers from Long Branch and across the state. With HR on Call or fractional HR, she walks you through a termination before it happens and reviews the paperwork before you sign anything. Call or text (929) 459-7160, or send the form on the contact page, and she will tell you what you need.