What is the name of your state? New York
I have a very pointed issue with my unemployment insurance denial. Perhaps it starts with a little background to my termination. I was terminated in New York State from my employer for failing six quality inspections within a six-month time span on my work. Each of those would have photo attachments to them. However, There are a few mitigating circumstances to this that warrant my appeal of the finding. First, according to the company handbook, it is four failed quality inspections in a four month time span, not six over six months. That could mean that even if I was to have failed six in a four-month span, my managers were violating their own company policy. Next, it is that I live in New York State. From what I understand of my knowledge of New York's unemployment compensation laws, job performance is not a reason to be denied unemployment insurance; especially for an employer I have working for for nearly three years.
I had filed for unemployment insurance and been granted it because I claimed that my employment had been due to termination. My employer appealed, and the Department of Labor denied me saying that my termination was now due to misconduct.
I will quote the determination:
You were discharged for misconduct in connection with your employment with the above employer. As a result of this determination the wages earned with this employer prior to âdate- cannot be used to establish any subsequent claim for unemployment insurance you may file.
Reason:
Your employer, *******, states you were discharged on -date- for failing a quality assurance inspection in which you used flex clip screws as opposed to lag bolts. As you were provided training and previously advised how to properly mount a dish assembly, your actions are considered misconduct.
From what I understand, that is not considered misconduct in NYS, but of course I may be wrong.
I also know that this will be a long and difficult fight because my former employer has a history of fighting unemployment, even for employees who were laid off!
This is a little outside the realm of discussion, but my employer is known for -setting up employees to fail, so employees do not last long enough to collect a decent wage from promotion or other merits.
Therefore with the above mentioned information I ask the following questions;
1. can I appeal this determination successfully;
2. what legal ground do I have for the appeal,
3. how can I stop my company from doing what they usually do which is drag this on for years as they have done to former co-workers of mine. I would also like some suggestions for legal representation as I am going to need it in this case.
On another side note, when I was discharged I signed a note acknowledging why I was being discharged which stated the reasons in the shown above. I did this to prevent my former employer from being able to add more stuff if they appealed like they had done before to other former co-workers of mine who did not sign, in other words I signed my pink slip so my employer could not make anymore accusations aside from that, and apparently they didn't, or were unable to from the determination notice.
I have a very pointed issue with my unemployment insurance denial. Perhaps it starts with a little background to my termination. I was terminated in New York State from my employer for failing six quality inspections within a six-month time span on my work. Each of those would have photo attachments to them. However, There are a few mitigating circumstances to this that warrant my appeal of the finding. First, according to the company handbook, it is four failed quality inspections in a four month time span, not six over six months. That could mean that even if I was to have failed six in a four-month span, my managers were violating their own company policy. Next, it is that I live in New York State. From what I understand of my knowledge of New York's unemployment compensation laws, job performance is not a reason to be denied unemployment insurance; especially for an employer I have working for for nearly three years.
I had filed for unemployment insurance and been granted it because I claimed that my employment had been due to termination. My employer appealed, and the Department of Labor denied me saying that my termination was now due to misconduct.
I will quote the determination:
You were discharged for misconduct in connection with your employment with the above employer. As a result of this determination the wages earned with this employer prior to âdate- cannot be used to establish any subsequent claim for unemployment insurance you may file.
Reason:
Your employer, *******, states you were discharged on -date- for failing a quality assurance inspection in which you used flex clip screws as opposed to lag bolts. As you were provided training and previously advised how to properly mount a dish assembly, your actions are considered misconduct.
From what I understand, that is not considered misconduct in NYS, but of course I may be wrong.
I also know that this will be a long and difficult fight because my former employer has a history of fighting unemployment, even for employees who were laid off!
This is a little outside the realm of discussion, but my employer is known for -setting up employees to fail, so employees do not last long enough to collect a decent wage from promotion or other merits.
Therefore with the above mentioned information I ask the following questions;
1. can I appeal this determination successfully;
2. what legal ground do I have for the appeal,
3. how can I stop my company from doing what they usually do which is drag this on for years as they have done to former co-workers of mine. I would also like some suggestions for legal representation as I am going to need it in this case.
On another side note, when I was discharged I signed a note acknowledging why I was being discharged which stated the reasons in the shown above. I did this to prevent my former employer from being able to add more stuff if they appealed like they had done before to other former co-workers of mine who did not sign, in other words I signed my pink slip so my employer could not make anymore accusations aside from that, and apparently they didn't, or were unable to from the determination notice.