Accused of Misconduct at Work in Illinois? Here’s What You Need to Know to Protect Your Unemployment Benefits

May 16, 2025

If you’re an Illinois worker facing accusations of misconduct at work, you may be worried about your reputation, your next job—and most urgently—whether you’ll qualify for unemployment benefits.

The truth is: being fired doesn’t automatically disqualify you from getting unemployment benefits. But if your employer claims you were fired for “misconduct,” that could block your eligibility under Illinois law. Here’s what both you and your employer need to know—and how you can fight back.

What Counts as “Misconduct” in Illinois?

Under Section 602(A) of the Illinois Unemployment Insurance Act (820 ILCS 405/602), misconduct is not just any workplace mistake. To deny you benefits, your employer must prove:

You deliberately and willfully violated a reasonable workplace rule or policy, and that your violation either harmed the employer or continued despite a warning.

This means that accidents, misunderstandings, or poor job performance—without more—usually don’t qualify as misconduct.

Illinois courts have supported this distinction.

🔍 What Employers Must Prove to Deny You Benefits

To win a misconduct claim, your employer must prove all of the following:

1. ✅ There was a clear, reasonable rule or policy.
2. ✅ You were aware of the rule or policy.
3. ✅ You deliberately violated it.
4. ✅ Your actions either harmed the company or continued after a warning.

They can’t just say, “You were a bad employee.” They must bring facts—not opinions. Documentation matters.

🚩 Specific Examples of Misconduct (Automatically Disqualifying)

Some serious conduct is automatically considered misconduct under Illinois law:

📌 Falsifying your job application
📌 Repeated attendance no-call, no-shows after a written warning
📌 Damaging company property through gross negligence
📌 Refusing reasonable, lawful instructions (not related to skill or safety)
📌 Reporting to work under the influence of drugs or alcohol

These are detailed in 820 ILCS 405/602(A) and must still meet key requirements: the behavior must be intentional or reckless, and the employer needs proof.

🛡️ Your Defense: What You Can Do To Fight a Misconduct Allegation in an Illinois Unemployment Benefits Appeal

If you’re accused of misconduct:

1. Request a Copy of Your Personnel File

Under the Illinois Personnel Record Review Act (820 ILCS 40/0.01 et seq.), you’re entitled to your records. These can reveal whether you were warned, what policies you allegedly broke, and any write-ups or performance reviews.

2. Prepare for the IDES Interview or Hearing

Unemployment interviews and hearings are your chance to tell your side. Be calm, specific, and truthful. Emphasize:

• You weren’t warned or given clear policies
• You did your best and any violation wasn’t deliberate
• You didn’t harm the company
• You’ve never had issues before

3. Challenge Vague Accusations

If your employer just says “insubordination” or “bad attitude,” demand more. Ask: What rule? What date? Was there a written warning? You have the right to due process.

⚖️ Real Case Win: No Misconduct Found

In Jackson v. Department of Employment Security, 2016 IL App (1st) 143404-U, a worker was fired for poor performance. The court sided with the employee, holding that mere poor performance—even repeated—is not misconduct without intentional wrongdoing.

✅ Bottom Line: You Can Still Win Unemployment

Just because you were fired does not mean you’re disqualified from benefits. Your employer must prove misconduct under a very specific legal standard.If you’ve been accused, don’t panic—prepare. Collect your paperwork, know your rights, and present the facts. The law is on your side when you act in good faith.