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. So what does that mean? That your employer cut you a break by not terminating you sooner? In an instance like that, "violating company policy" isn't very relevant.
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. That is very situation-specific. If you were negligent in the performance of the quality inspections even though you could have and should have performed them to company standards, then that is willful misconduct, not "poor job performance."
You were discharged for misconduct in connection with your employment with the above employer. Which supports my comments above.
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. Even if that's true, it's totally irrelevant to your situation and will not be considered by the U.C. Division. They judge each UC claim based on its own merits.
1. can I appeal this determination successfully; You're certainly free to try. No one here can advise you of what the outcome will be.
2. what legal ground do I have for the appeal, The same rights as any other claimant who has been denied benefits; State UC reg's allow you to request a hearing. You don't need "legal grounds" to do so.
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. Years? I rather doubt that. The UC Division sets the time table for initial determinations, hearings, appeals, when benefits are paid, etc., not the employer.
I would also like some suggestions for legal representation as I am going to need it in this case. No reputable legal board provides attorney referrals.
A person, who is nice to you, but rude to a waiter, is not a nice person. (This is very important. Pay attention. It never fails.)