Fired After a Performance Improvement Plan? Can You Still Get Unemployment in Illinois?

September 30, 2026

Your employer put you on a Performance Improvement Plan. You tried to improve. Then you were fired—and now your former employer is telling IDES that you were terminated for misconduct.

What happens to your unemployment benefits?

If this sounds familiar, you may be worried that the word “misconduct” automatically means you cannot receive unemployment benefits.

It does not necessarily work that way.

In Illinois, being fired and being fired for legally disqualifying “misconduct” are not necessarily the same thing. The circumstances surrounding your termination matter.

What Is a Performance Improvement Plan?

A Performance Improvement Plan, often called a PIP, is generally used by an employer to identify performance concerns and establish expectations or goals for improvement.

A PIP might address issues such as:

• Missing performance goals;
• Productivity concerns;
• Quality of work;
• Failure to meet deadlines;
• Communication problems;
• Customer complaints; or
• Other workplace expectations.

Being placed on a PIP does not automatically mean that you committed misconduct.

Likewise, being terminated after a PIP does not automatically mean that you are disqualified from unemployment benefits.

Poor Performance Is Not Necessarily Misconduct

This distinction can be extremely important in an unemployment claim.

Illinois law provides a specific definition of misconduct for unemployment purposes. Generally, misconduct involves a deliberate and willful violation of a reasonable workplace rule or policy, with additional requirements concerning harm or repetition after a warning.

That means an employer cannot necessarily establish misconduct simply by saying:

“The employee wasn’t performing well.”

There may be an important difference between an employee who could not meet an employer’s expectations and an employee who deliberately violated a known workplace rule or policy.

The details matter.
A Real Illinois Case: Poor Performance Did Not Automatically Disqualify the Employee

An Illinois appellate court addressed this distinction in Messer & Stilp, Ltd. v. Department of Employment Security, 392 Ill. App. 3d 849, 860, 910 N.E.2d 1223, 1232 (1st Dist. 2009).

In Messer & Stilp, a law firm terminated an associate attorney after a probationary review and repeated concerns about the quality of her work, including mistakes in lease drafting, missed corrections, and alleged failures to follow firm procedures. The employer argued that those performance deficiencies amounted to unemployment “misconduct.”

The Illinois Department of Employment Security Board of Review found that the attorney’s work was careless, negligent, and substandard—but that the employer had not proved she was deliberately and willfully doing a poor job. The appellate court affirmed the award of unemployment benefits.

The court recognized that an employer may have a legitimate business reason to terminate an employee for unacceptable performance. But that does not automatically establish the separate legal standard required to deny Illinois unemployment benefits. In other words, poor performance may justify termination without necessarily proving disqualifying misconduct.

That distinction may matter after a Performance Improvement Plan. A PIP, negative review, or written criticism may help show that an employer communicated concerns. But the specific facts still matter: Was the employee unable to meet expectations despite genuine efforts to improve, or did the employee knowingly refuse a reasonable workplace rule or direct instruction?

For example, an employee may have struggled to meet a sales goal despite making reasonable efforts to improve. Another employee may have knowingly and repeatedly violated a specific workplace policy after being warned.

Those situations may be evaluated differently under Illinois unemployment law.

What If My Employer Says My PIP Was a Warning?

A PIP may be relevant evidence in an unemployment dispute, but its existence does not automatically answer the misconduct question.

An attorney evaluating your situation may want to know:

• What exactly did the PIP require?
• Were the expectations reasonable and clearly explained?
• Did you receive training or an opportunity to improve?
• Did you actually violate a workplace rule?
• Were the expectations performance goals rather than rules or policies?
• Did your employer claim that you deliberately refused to perform your job?
• Were you warned about a specific policy violation?
• Were other employees treated similarly?
• What reason did your employer give for terminating you?
• What reason did your employer provide to IDES?

These details can make a significant difference.

What If I Tried My Best but Still Didn’t Meet the Company’s Expectations?

This is where the distinction between performance problems and misconduct may become particularly important.

An employee can be unsuccessful at a job without intentionally violating a reasonable workplace rule.

For example, imagine an employee is placed on a PIP because the employee is not meeting a production target. The employee attends meetings, follows instructions, attempts to improve, and continues working—but ultimately fails to reach the employer’s goal.

The employer may decide to terminate the employee.

But the fact that the employee was unsuccessful does not, by itself, necessarily answer whether the employee committed misconduct for purposes of unemployment eligibility.

Your specific facts need to be evaluated under the applicable Illinois unemployment law.

What Should You Do If Your Unemployment Benefits Are Denied?

If IDES denies your unemployment claim because your employer alleges misconduct, pay attention to the determination and any appeal deadline.

Do not simply assume that your former employer’s version of events is the final word.

Gather documents that may help explain what actually happened, including:

• Your Performance Improvement Plan;
• Performance reviews;
• Written warnings;
• Emails with your supervisor;
• Communications with Human Resources;
• Production or performance records;
• Your termination letter;
• Employee handbook policies; and
• Any correspondence from IDES.

You should also create a timeline of the events leading up to your termination.

Be truthful and specific when explaining what happened. If your employer’s description of the events is incomplete or inaccurate, identify the specific facts and documentation that support your position.

IDES explains that employers responding to unemployment claims should provide detailed facts supporting a misconduct allegation—not simply a conclusory statement that an employee was discharged for misconduct.

You May Have the Right to Appeal

If you receive an unemployment determination that you believe is incorrect, you may have appeal rights.

Appeals involve deadlines, and missing a deadline can affect your ability to challenge a determination. Pietrucha Law Firm’s existing unemployment practice specifically assists Illinois employees with misconduct-related unemployment disputes and IDES appeals.

When Should You Talk to an Employment Attorney?

Consider speaking with an employment attorney if:

• You were fired after being placed on a PIP;
• Your employer is claiming you committed misconduct;
• You believe your employer is characterizing poor performance as intentional misconduct;
• Your unemployment benefits were denied;
• You disagree with the reason your employer gave IDES for your termination;
• You have an upcoming IDES hearing; or
• You are unsure how to respond to a misconduct allegation.

An attorney can review the circumstances of your termination, the employer’s allegations, your documents, and the applicable unemployment rules to help you understand your options.

Pietrucha Law Firm Can Help You Understand Your Unemployment Options

At Pietrucha Law Firm, Attorney Cynthia Pietrucha focuses on Illinois employment matters, including unemployment benefits, IDES appeals, and misconduct hearings.

The firm’s Illinois Unemployment Appeal Strategy Session is specifically designed for workers who have been terminated or pressured to quit and are dealing with a misconduct determination. The firm states that the session can include reviewing why benefits were denied, identifying weaknesses in an employer’s allegations, preparing for an appeal or telephone hearing, and developing a strategy based on the individual’s circumstances.

Fired and Accused of Misconduct?

Don’t assume that your employer’s accusation automatically determines whether you can receive unemployment benefits.

Your side of the story matters. The evidence matters. And the applicable law matters.

If your unemployment benefits have been denied because your employer claims you committed misconduct, you can visit Pietrucha Law Firm at https://pietruchalaw.com/ to learn more and schedule a confidential legal consultation.

Pietrucha Law Firm, LLC
1717 N. Naper Blvd., Suite 200
Naperville, IL 60563
(630) 344-6370

This article is provided for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Unemployment eligibility depends on the specific facts and circumstances of each case. Applicable laws, regulations, and deadlines may change. Consult an attorney regarding your individual situation.