Legal Question in Employment Law in Illinois

Am I legally obligated to sign a performance improvement plan if I question the validity of my sales numbers? For example in one of my lowest output months (by their numbers) I was paid a $5500 bonus. This doesn't make sense. I would like to know what my rights are during this confusing disciplinary action. I have never had any negative feedback or actions in my 2 year history as a sales representative for this company. Please advise.


Asked on 1/06/12, 7:59 am

1 Answer from Attorneys

Betty Tsamis Tsamis Law Firm PC

Illinois law does not address whether or not you are legally obligated to sign a performance improvement plan. However, you should make sure you understand what your signature means: does your signature mean you agree with the contents or does your signature mean you agree that you recieved a copy of the PIP? Your employer might view a refusal to sign as insubordination and fire you. The general rule in Illinois is that an employer can fire you with or without cause and with or without notice so long as the termination does not violate a contract or anti-discrimination laws. If the termination does not violate a contract or law, cause is important in determining if you are entitled to unemployment benefits. Since your employer can fire you without putting you on a PIP first, I'm guessing your company is following its own internal policies by putting you on the PIP. In my opinion, now is a good time for you to have an advocate on your side working with you behind the scenes. A good lawyer should be able to guide you through this process and help you either preserve your job or exit under terms most favorable to you.

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Answered on 1/06/12, 8:53 am


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