Background
Jorge Feliciano sought unemployment benefits after his employment with Kitchenall, LLC ended. The Department of Labor mailed a May 7, 2024 determination finding him ineligible because he lacked sufficient base weeks or earnings. Feliciano, whose primary language is Spanish and who said he has limited English proficiency, testified that he could not understand the English-language notice. He sought translation help within five to seven days, was referred to Legal Services of New Jersey, and filed an appeal with its assistance on May 29.
The appeal was filed twenty-two days after the notice was mailed—one day after the twenty-one-day deadline in N.J.S.A. 43:21-6(b)(1). Although Feliciano testified about his language barrier and efforts to obtain help, the Appeal Tribunal dismissed the appeal as untimely without making good-cause findings. The Board of Review affirmed.
The Court’s Holding
The Appellate Division vacated the Board’s decision and remanded. The 2022 amendment extending the claimant appeal period to twenty-one days did not displace the due-process-based good-cause principles recognized in Rivera v. Board of Review, nor did it eliminate the agency’s obligation to consider whether a late filing resulted from circumstances beyond the claimant’s control.
The court held that the Tribunal and Board acted arbitrarily and unreasonably by treating the deadline as an absolute bar without deciding whether Feliciano had good cause under Rivera and N.J.A.C. 12:20-3.1(i). His testimony about limited English proficiency, his prompt efforts to obtain translation assistance, and the one-day delay required a merits determination of good cause. The court did not decide whether he established good cause, and directed the agency to reach the merits of his benefits appeal if it finds good cause.
Key Takeaways
- A claimant’s late unemployment appeal is not automatically barred by the twenty-one-day statutory deadline.
- Agencies must consider due-process good cause, including circumstances beyond the claimant’s control, before dismissing a late appeal.
- Limited English proficiency and diligent efforts to obtain assistance can present a material good-cause issue.
Why It Matters
The decision confirms that the 2022 amendment to New Jersey’s unemployment-appeal deadline did not override constitutional due-process protections or the Department of Labor’s good-cause regulation. Agencies must make findings on a claimant’s explanation for a late filing rather than rely solely on mailing and filing dates.
For claimants and counsel, the case underscores the importance of developing evidence of language barriers, efforts to obtain assistance, and diligence once assistance is available.