Resigning during a PIP: unemployment rules by state
Usually not if you simply quit: every state denies benefits for leaving without good cause. Two rules can change the answer. In 10 states, resigning because your employer said "resign or be fired" officially counts as a discharge. And in most states, being fired for performance you could not fix is not misconduct.
Can you get unemployment if you quit during a PIP?
Leaving work voluntarily without good cause is a reason for disqualification in every state (U.S. Department of Labor, Comparison of State UI Laws 2023, chapter 5). In 39 of the 51 jurisdictions, good cause has to be connected with the work or the employer. A handful of states, including California, New York, Pennsylvania, Oregon, Hawaii, Nevada and Alaska, also accept serious personal reasons.
Being put on a PIP is not, by itself, good cause in the decisions we found. Oregon's Employment Appeals Board held in 2024 that being required to improve or face possible discharge was not a situation "of such gravity" that a reasonable person would quit. What changes the outcome is usually whether the discharge was certain, and why it would have happened.
What if your employer says "resign or be fired"?
In 10 states an official rule says a resignation forced by that choice counts as a discharge: Alaska, California, Connecticut, Illinois, Iowa, Maryland, Massachusetts, Montana, Tennessee, Texas. Georgia's rules point the same way. A discharge is not an automatic yes, though: the agency then looks at the reason you would have been fired. Massachusetts and Texas say so directly.
In 6 states the answer depends on notice and timing: Florida, Idaho, Mississippi, New Jersey, New York, Oregon. New Jersey, for example, does not disqualify you if you leave before an announced discharge and would have been separated within 60 days. Minnesota, Virginia and Wisconsin have treated leaving in anticipation of a discharge as a voluntary quit, and in Alaska, California and New York quitting only because you expect to be fired is a quit too. For 31 jurisdictions we found no official statement either way.
Practical point: if your employer offers "resign or be fired", ask for that choice in writing before you sign anything. In several states the deciding facts are whether the discharge was certain and whether the employer started the separation.
Fired after a PIP: is poor performance misconduct?
Usually not. In 31 jurisdictions an agency, statute or regulation says that poor work caused by inability, lack of skill or incapacity is not misconduct, and in 4 more (Louisiana, Nebraska, New Mexico, Virginia) court decisions say the same. The main exceptions are:
- Colorado: the statute disqualifies for "failure to meet established job performance or other defined standards", with full benefits if you were unable or unqualified to do the work.
- North Carolina: failing to perform duties, shown by at least three written reprimands in 12 months, is prima facie misconduct. Written PIP warnings may count toward that.
- Ohio: the standard is "just cause", and the Ohio Supreme Court held in 1995 that unsuitability for a position can be enough.
Even where poor performance is protected, there are limits: deliberately working below standard (Connecticut, New Jersey), not making a good-faith effort (Kansas, Maine), or repeated carelessness after warnings (New York, Nevada, Pennsylvania, Texas, Vermont, Michigan) can be treated as misconduct.
What appeal boards decided in real PIP cases
No state statute or agency page we reviewed uses the words "performance improvement plan". These four appeal decisions do, and they go both ways depending on the facts:
| Decision | Facts | Result |
|---|---|---|
| Oregon, EAB 2024-EAB-0070 | Employer: accept a 21-day PIP or resign. The worker resigned. | Quit without good cause: benefits denied. |
| Oregon, EAB 2025-EAB-0113 | A 90-day PIP that could not be met, or a separation agreement. The worker took the agreement. | Quit with good cause: the discharge was certain and not for misconduct. |
| New York, Appeal Board No. 557242 (2011) | PIP; the manager said improvement would not come in a week and offered resignation. | Resignation in lieu of termination, with good cause. |
| New York, Appeal Board No. 625980 (2023) | PIP; the worker resigned to avoid a termination on record and could have kept working. | A quit in anticipation of discharge, without good cause. |
Unemployment rules by state
Each row comes from an official source (statute, regulation, agency manual or appeal decision), checked in October 2026. Open a state for the quitting rule, the details and the sources.
| State | "Resign or be fired" | Fired for poor performance |
|---|---|---|
| Alabama | No official guidance found | No clear official rule |
| Alaska | Counts as a discharge | Usually not misconduct |
| Arizona | No official guidance found | Usually not misconduct |
| Arkansas | No official guidance found | No clear official rule |
| California | Counts as a discharge | Usually not misconduct |
| Colorado | No official guidance found | Can cost you benefits |
| Connecticut | Counts as a discharge | Usually not misconduct |
| Delaware | No official guidance found | No clear official rule |
| District of Columbia | No official guidance found | No clear official rule |
| Florida | Depends on notice or facts | No clear official rule |
| Georgia | Likely a discharge | No clear official rule |
| Hawaii | No official guidance found | Usually not misconduct |
| Idaho | Depends on notice or facts | Usually not misconduct |
| Illinois | Counts as a discharge | No clear official rule |
| Indiana | No official guidance found | No clear official rule |
| Iowa | Counts as a discharge | Usually not misconduct |
| Kansas | No official guidance found | Usually not misconduct |
| Kentucky | No official guidance found | No clear official rule |
| Louisiana | No official guidance found | Usually not misconduct (courts) |
| Maine | No official guidance found | Usually not misconduct |
| Maryland | Counts as a discharge | Usually not misconduct |
| Massachusetts | Counts as a discharge | Usually not misconduct |
| Michigan | No official guidance found | Usually not misconduct |
| Minnesota | Treated as a quit | Usually not misconduct |
| Mississippi | Depends on notice or facts | Usually not misconduct |
| Missouri | No official guidance found | No clear official rule |
| Montana | Counts as a discharge | Usually not misconduct |
| Nebraska | No official guidance found | Usually not misconduct (courts) |
| Nevada | No official guidance found | Usually not misconduct |
| New Hampshire | No official guidance found | No clear official rule |
| New Jersey | Depends on notice or facts | Usually not misconduct |
| New Mexico | No official guidance found | Usually not misconduct (courts) |
| New York | Depends on notice or facts | Usually not misconduct |
| North Carolina | No official guidance found | Can cost you benefits |
| North Dakota | No official guidance found | Usually not misconduct |
| Ohio | No official guidance found | Can cost you benefits |
| Oklahoma | No official guidance found | Usually not misconduct |
| Oregon | Depends on notice or facts | Usually not misconduct |
| Pennsylvania | No official guidance found | Usually not misconduct |
| Rhode Island | No official guidance found | Usually not misconduct |
| South Carolina | No official guidance found | Usually not misconduct |
| South Dakota | No official guidance found | Usually not misconduct |
| Tennessee | Counts as a discharge | No clear official rule |
| Texas | Counts as a discharge | Usually not misconduct |
| Utah | No official guidance found | No clear official rule |
| Vermont | No official guidance found | Usually not misconduct |
| Virginia | Treated as a quit | Usually not misconduct (courts) |
| Washington | No official guidance found | Usually not misconduct |
| West Virginia | No official guidance found | Usually not misconduct |
| Wisconsin | Treated as a quit | Usually not misconduct |
| Wyoming | No official guidance found | Usually not misconduct |
Alabama: No official guidance found; no clear official rule
Quitting: Disqualified for quitting "without good cause connected with such work" (Ala. Code § 25-4-78(2)).
Fired for poor performance: No official statement found. The statute has a lower tier, "other misconduct connected with the work".
Sources: Ala. Code § 25-4-78; ADOL claimant guide (official page, read from an archived copy, 2026-01-18)
Alaska: Counts as a discharge; usually not misconduct
Quitting: Good cause is judged under a fixed list of factors that includes some personal reasons (8 AAC 85.095(c)).
"Resign or be fired": The state manual says "The worker's resignation is meaningless" when the employer is in fact discharging. Quitting only because you expect to be fired is a voluntary quit.
Fired for poor performance: Inefficiency, inability or incapacity "is not misconduct" (8 AAC 85.095(d)). Exception: a drop from previously good work that you cannot explain.
Sources: Benefit Policy Manual: Voluntary Leaving; Benefit Policy Manual: Misconduct
Arizona: No official guidance found; usually not misconduct
Quitting: Disqualified for leaving "without good cause in connection with the employment" (A.R.S. § 23-775(1)).
"Resign or be fired": The relevant rule (R6-3-50135) could not be read on the official site.
Fired for poor performance: DES: inefficiency or unsatisfactory conduct "beyond the claimant's control" is generally not misconduct. The statutory definition is broad.
Sources: A.R.S. § 23-775; Arizona DES (official page, read from an archived copy, 2025-10-31)
Arkansas: No official guidance found; no clear official rule
Quitting: The DWS handbook says a quit qualifies only if it was "for good cause related to the job".
Fired for poor performance: No official statement found. The DWS glossary defines misconduct as "careless or deliberate behavior" that gets you fired.
Sources: DWS UI Handbook 2026
California: Counts as a discharge; usually not misconduct
Quitting: Good cause need not be work-connected; it must be "real, substantial, and compelling" (22 CCR § 1256-3(b)).
"Resign or be fired": EDD: a quit in lieu of discharge "will be treated as a discharge". Quitting before the employer acts is a voluntary quit.
Fired for poor performance: Misconduct generally does not exist when the claimant "has failed to perform well due to inability or incapacity" (22 CCR § 1256-30(b)(3)).
Sources: EDD: Voluntary Quit VQ 5; EDD: Quit in Lieu of Discharge VQ 135; EDD: Misconduct MC 5
Colorado: No official guidance found; can cost you benefits
Quitting: No general good-cause test: the statute lists reasons that keep or cost benefits, including personal reasons "unless the personal reasons were compelling".
Fired for poor performance: The statute disqualifies for "failure to meet established job performance or other defined standards" (C.R.S. § 8-73-108(5)(e)(XX)). Full benefits if you were unable or unqualified to do the work ((4)(j)).
Sources: C.R.S. Title 8 (2024) (official page, read from an archived copy, 2026-09-13); CDLE ICAO Law Library (official page, read from an archived copy, 2025-05-22)
Connecticut: Counts as a discharge; usually not misconduct
Quitting: Disqualified without "good cause attributable to the employer" (C.G.S. § 31-236(a)(2)(A)), with statutory exceptions such as illness.
"Resign or be fired": Not a voluntary quit when there was "a demand by his employer to either quit or be discharged" (RCSA § 31-236-18).
Fired for poor performance: Poor work caused by incompetence "is not wilful misconduct" (RCSA § 31-236-26b(e)). Deliberately working below standard is different.
Sources: C.G.S. chapter 567; RCSA § 31-236-18; RCSA § 31-236-26b
Delaware: No official guidance found; no clear official rule
Quitting: Disqualified without "good cause attributable to such work" (19 Del. C. § 3314(1)).
Fired for poor performance: No official statement found. Delaware uses an undefined "just cause" standard; a 2013 Superior Court decision upheld just cause for unsatisfactory work after a warning.
Sources: 19 Del. C. § 3314; Claimant handbook; Robinson v. First State Community Action (2013)
District of Columbia: No official guidance found; no clear official rule
Quitting: Disqualified without "good cause connected with the work" (D.C. Code § 51-110(a)(1)). Under the regulations, as cited in court decisions, a separation is presumed involuntary unless the employer shows otherwise.
"Resign or be fired": No agency statement. A 2017 court decision applies the rule that a resignation signed under duress is not voluntary.
Fired for poor performance: No official statement found. A lower "other than gross" misconduct tier covers "a breach of the employee's duties".
Sources: D.C. Code § 51-110
Florida: Depends on notice or facts; no clear official rule
Quitting: Disqualified without "good cause attributable to his or her employing unit"; the only personal exception is your own illness or disability (Fla. Stat. § 443.101(1)(a)).
"Resign or be fired": After notice of a discharge "for reasons other than misconduct", quitting early costs only the weeks before the discharge date (§ 443.101(1)(a)6.).
Fired for poor performance: No official statement found. The definition includes carelessness "to a degree or recurrence that manifests culpability" (§ 443.036(29)).
Sources: Fla. Stat. § 443.101; Fla. Stat. § 443.036
Georgia: Likely a discharge; no clear official rule
Quitting: GDOL: you may qualify if "you quit for good work-connected reason(s)"; a personal reason is not enough.
"Resign or be fired": A GDOL rule treats "quit in lieu of discharge" as its own category, and puts the burden on the employer when it is unclear whether you quit or were fired.
Fired for poor performance: No official statement found. The GDOL FAQ mentions denial for "failure to follow rules, orders, or instructions".
Sources: GDOL unemployment FAQ; Ga. Comp. R. & Regs. 300-2-9 (official page, read from an archived copy, 2026-01-27)
Hawaii: No official guidance found; usually not misconduct
Quitting: "An individual shall be disqualified for benefits for voluntarily leaving work without good cause" (HAR § 12-5-47(a)); good cause can be non-work-related.
Fired for poor performance: "Poor performance because of inability or incapacity" is not misconduct (HAR § 12-5-51(c)).
Sources: HAR Title 12, chapter 5
Idaho: Depends on notice or facts; usually not misconduct
Quitting: Disqualified without "good cause connected with the claimant's employment" (Idaho Code § 72-1366(5)(a)).
"Resign or be fired": If you resign "after receiving a notice of discharge or lay off", both separations are considered (§ 72-1366(5)(e)), with conditions on dates and timing.
Fired for poor performance: Since 2025 the statute says failing performance expectations "because of inability or incapacity" is not workplace misconduct (§ 72-1330B(4)). Willfulness is no longer required for misconduct.
Sources: Idaho Code § 72-1366 (official page, read from an archived copy, 2026-06-18); Idaho Code § 72-1330B (official page, read from an archived copy, 2026-04-23)
Illinois: Counts as a discharge; no clear official rule
Quitting: Disqualified without "good cause attributable to the employing unit" (820 ILCS 405/601(A)).
"Resign or be fired": A worker "allowed to resign in lieu of discharge is considered as having been discharged" (56 Ill. Adm. Code 2840.101(a)).
Fired for poor performance: No explicit statement found, but misconduct requires "the deliberate and willful violation of a reasonable rule or policy" plus harm or repetition after a warning (405/602(A)).
Sources: 820 ILCS 405/601 (official page, read from an archived copy, 2025-03-20); 56 Ill. Adm. Code 2840.101 (official page, read from an archived copy, 2025-05-03); 820 ILCS 405/602 (official page, read from an archived copy, 2025-04-30)
Indiana: No official guidance found; no clear official rule
Quitting: DWD: quitting "without good cause in connection with the work" is a disqualifying separation.
"Resign or be fired": The relevant rule (646 IAC 5-8-4) could not be read on the official site.
Fired for poor performance: No official statement found. Indiana uses "just cause", and the DWD list includes "any breach of duty reasonably owed to the employer".
Sources: DWD employer handbook; DWD claimant handbook
Iowa: Counts as a discharge; usually not misconduct
Quitting: Disqualified without "good cause attributable to the individual's employer" (Iowa Code § 96.5(1)).
"Resign or be fired": Given a choice of "resigning or being discharged, it is not considered a voluntary leaving" (871 IAC 24.19(18)).
Fired for poor performance: Discharges for "not meeting the employer's standards" are not misconduct issues (871 IAC 24.24(4), under a "trial period" heading).
Sources: Iowa Code § 96.5; 871 IAC chapter 24
Kansas: No official guidance found; usually not misconduct
Quitting: Disqualified without "good cause attributable to the work or the employer" (K.S.A. 44-706(a)).
Fired for poor performance: "Unsatisfactory performance due to inability, incapacity or lack of training or experience" does not disqualify if you made a good-faith effort (44-706(b)(4)(B)).
Sources: K.S.A. 44-706
Kentucky: No official guidance found; no clear official rule
Quitting: Disqualified without "good cause attributable to the employment" (KRS 341.370(1)(c)).
Fired for poor performance: No official statement found. The misconduct list in KRS 341.370(6) is open-ended.
Sources: KRS 341.370
Louisiana: No official guidance found; usually not misconduct (courts)
Quitting: Court decisions quote the statute: good cause must be "attributable to a substantial change made to the employment by the employer" (La. R.S. 23:1601(1)(a)).
Fired for poor performance: Louisiana appeals court: "an employee can be unsatisfactory to the employer without committing disqualifying misconduct" (Dyer v. Nursecall, 2013). Circuits differ.
Maine: No official guidance found; usually not misconduct
Quitting: Disqualified without "good cause attributable to that employment" (26 M.R.S. § 1193(1)(A)), with family exceptions.
Fired for poor performance: Misconduct may not rest solely on "a failure to perform satisfactorily" after a good-faith effort (26 M.R.S. § 1043(23)(B)(1)). Repeated neglect of duties is presumed misconduct.
Sources: 26 M.R.S. § 1193; 26 M.R.S. § 1043
Maryland: Counts as a discharge; usually not misconduct
Quitting: Good cause must be "directly attributable to, arising from or connected with the conditions of the employment" (Unemployment Decisions Digest); "valid circumstances" mean a shorter disqualification.
"Resign or be fired": Resigning "in lieu of discharge" does not show intent to quit, so it is judged as a discharge. Resigning "rather than face charges" is a voluntary quit.
Fired for poor performance: "A mere showing of substandard performance is not sufficient" for misconduct (Digest § 8-1002). A lower "simple misconduct" tier has covered negligent poor work.
Sources: Digest § 8-1001 (p. 2); Digest § 8-1001; Digest § 8-1002
Massachusetts: Counts as a discharge; usually not misconduct
Quitting: Good cause "attributable to the employing unit or its agent", or reasons that are "urgent, compelling and necessitous" (G.L. c. 151A § 25(e)(1)).
"Resign or be fired": Board of Review: a resignation "in lieu of discharge" is deemed involuntary and judged as a discharge, which disqualifies only for deliberate misconduct.
Fired for poor performance: "A claimant who is discharged for poor performance is entitled to benefits." (Board of Review digest, DC 500.00).
Sources: DC 200.5 Anticipating Discharge; Board of Review decision 0020 4770 73; DC 500.00 Poor Performance
Michigan: No official guidance found; usually not misconduct
Quitting: Disqualified for quitting without good cause "attributable to the employer" (MCL 421.29(1)(a)); you usually have to raise the problem with the employer first.
Fired for poor performance: UIA: "the mere inability to do the job ... is not considered misconduct". A series of incidents can add up to misconduct.
Sources: UIA: Voluntary leaving; UIA: Misconduct
Minnesota: Treated as a quit; usually not misconduct
Quitting: The only exception is "a good reason caused by the employer" (Minn. Stat. § 268.095 subd. 1(1)), narrowly defined.
"Resign or be fired": Quitting after notice of a future discharge while work is still available is a quit: "Notification of discharge in the future" is not a good reason (subd. 3(e)).
Fired for poor performance: Not misconduct: conduct that was "a consequence of the applicant's inefficiency or inadvertence" (subd. 6(b)). DEED: failing performance standards usually does not cost benefits.
Sources: Minn. Stat. § 268.095; UI Minnesota: job separations
Mississippi: Depends on notice or facts; usually not misconduct
Quitting: Disqualified for leaving "without good cause" (Miss. Code § 71-5-513(A)(1)(a)); marital and family reasons are excluded.
"Resign or be fired": Leaving "under the reasonable belief" that you were already fired is not a voluntary quit (MDES precedent).
Fired for poor performance: "Failure to perform as the result of inability or incapacity" is not misconduct (MDES Reg. 308.00).
Sources: MDES laws and regulations; MDES: Misconduct
Missouri: No official guidance found; no clear official rule
Quitting: Disqualified without "good cause attributable to such work or to the claimant's employer" (RSMo 288.050.1(1)).
Fired for poor performance: No official statement found. Misconduct includes negligence "in such degree or recurrence as to manifest culpability" (RSMo 288.030.1(23)).
Sources: RSMo 288.050; RSMo 288.030
Montana: Counts as a discharge; usually not misconduct
Quitting: Disqualified without "good cause attributable to the individual's employment" (MCA 39-51-2302(1)).
"Resign or be fired": Department guide: when an employer lets a claimant "quit instead of being discharged, it is still a discharge" (the guide is no longer online).
Fired for poor performance: Misconduct excludes "failure to perform well as the result of inability or incapacity" (MCA 39-51-201(19)(b)). Repeated carelessness counts.
Sources: MCA 39-51-2302; MCA 39-51-201; DLI UI benefits guide (official page, read from an archived copy, 2024-07-20)
Nebraska: No official guidance found; usually not misconduct (courts)
Quitting: Disqualified for leaving "without good cause" (Neb. Rev. Stat. 48-628.12(2)); the good-cause list includes some non-work reasons.
"Resign or be fired": The NDOL precedent manual has topics on leaving in anticipation of discharge, but we could not read them.
Fired for poor performance: Nebraska Supreme Court: conduct may "not rise to the level of misconduct if the individual is merely unable to perform" (Pinnacle Bancorp v. Moritz, 2023).
Sources: Neb. Rev. Stat. 48-628.12 (official page, read from an archived copy, 2026-03-01); Neb. Rev. Stat. 48-628.10 (annotations) (official page, read from an archived copy, 2025-12-27)
Nevada: No official guidance found; usually not misconduct
Quitting: Disqualified for leaving "without good cause" (NRS 612.380(1)(a)); the DETR appeals handbook says you may quit "for either personal or work-related reasons".
Fired for poor performance: "It is not misconduct when the failure of performance is due to inability" (DETR Appeals Handbook). Repeated negligence after warnings may be.
Sources: NRS chapter 612 (official page, read from an archived copy, 2026-10-13); DETR Appeals Handbook (official page, read from an archived copy, 2025-07-02)
New Hampshire: No official guidance found; no clear official rule
Quitting: Disqualified for leaving "without good cause in accordance with rules of the commissioner" (RSA 282-A:32, I(a)).
Fired for poor performance: No official statement found; the statute does not define misconduct.
Sources: RSA 282-A:32 (official page, read from an archived copy, 2026-03-17)
New Jersey: Depends on notice or facts; usually not misconduct
Quitting: Good cause must be "related directly to the individual's employment" (N.J.A.C. 12:17-9.1(b)); personal reasons do not count.
"Resign or be fired": Leaving before an announced discharge is disqualifying "unless the individual will be separated within 60 days" (N.J.A.C. 12:17-9.5).
Fired for poor performance: Violations "relating to the quantity or quality of work shall not be considered misconduct", unless you deliberately worked below a reasonable standard (N.J.A.C. 12:17-10.6).
Sources: N.J.S.A. 43:21 (UI law); N.J.A.C. 12:17 (UI regulations)
New Mexico: No official guidance found; usually not misconduct (courts)
Quitting: Disqualified without "good cause in connection with the employment" (NMSA 1978, § 51-1-7(A)(1)).
Fired for poor performance: Annotations in the official code: "failure in good performance as the result of inability or incapacity" is not misconduct (Mitchell, 1976).
Sources: NMSA § 51-1-7 (NMOneSource)
New York: Depends on notice or facts; usually not misconduct
Quitting: Good cause need not be work-related; the law names a "compelling family reason" (N.Y. Lab. Law § 593(1)(a)).
"Resign or be fired": NYSDOL: leaving "in the face of pending disciplinary charges may qualify" if the conduct was not misconduct. Merely assuming you will be fired is not good cause.
Fired for poor performance: "Inadequate performance as the result of inability or incapacity" does not justify disqualification (NYSDOL Index 1100). Gross negligence or repeated carelessness can.
Sources: N.Y. Lab. Law § 593 (official page, read from an archived copy, 2025-11-10); NYSDOL Interpretation Index 1600; NYSDOL Interpretation Index 1100
North Carolina: No official guidance found; can cost you benefits
Quitting: Disqualified for leaving "for a reason other than good cause attributable to the employer" (N.C.G.S. § 96-14.5(a)); you carry the burden of proof.
Fired for poor performance: Prima facie misconduct includes "failure to adequately perform employment duties" shown by at least three written reprimands in 12 months (§ 96-14.6(c)(11)). Written PIP warnings may count.
Sources: N.C.G.S. § 96-14.5 (official page, read from an archived copy, 2026-03-11); N.C.G.S. § 96-14.6 (official page, read from an archived copy, 2025-06-01)
North Dakota: No official guidance found; usually not misconduct
Quitting: Disqualified without "good cause attributable to the employer" (N.D.C.C. § 52-06-02(1)(a)).
Fired for poor performance: Job Service ND: a worker "discharged for incompetence, in the absence of misconduct, will not be disqualified" (employer handbook, 2024).
Sources: N.D.C.C. chapter 52-06; Job Service ND employer handbook (official page, read from an archived copy, 2026-06-11)
Ohio: No official guidance found; can cost you benefits
Quitting: Benefits are denied if you "quit work without just cause" (ORC § 4141.29(D)(2)(a)); ODJFS policy: you usually must raise the problem with the employer first.
Fired for poor performance: Ohio Supreme Court: "Unsuitability for a position constitutes fault sufficient to support a just cause termination" (Tzangas, 1995), under four conditions.
Sources: ORC § 4141.29 (official page, read from an archived copy, 2026-06-07); ODJFS Quit policy; Tzangas v. Administrator (1995) (official page, read from an archived copy, 2016-12-30)
Oklahoma: No official guidance found; usually not misconduct
Quitting: Disqualified without "good cause connected to the work" (40 O.S. § 2-404(A)).
"Resign or be fired": No direct guidance. In a related case the Board held that a resignation the employer required "amounted to a discharge".
Fired for poor performance: OESC precedent: no misconduct where nothing showed the claimant "was intentionally performing poorly". Poor work after warnings has been held misconduct.
Sources: 40 O.S. (Oklahoma Statutes); OESC Precedent Manual (official page, read from an archived copy, 2024-12-16)
Oregon: Depends on notice or facts; usually not misconduct
Quitting: Good cause means a reasonable person "would have no reasonable alternative but to leave work" (OAR 471-030-0038(4), as cited by the Employment Appeals Board).
"Resign or be fired": Quitting to avoid a certain discharge that would not be for misconduct can be good cause (2025-EAB-0113). A "resign or be discharged" offer with a week to decide was a voluntary quit (2014-EAB-0520).
Fired for poor performance: "Mere inefficiency resulting from lack of job skills or experience is not misconduct." (OAR 471-030-0038(3)(b), as cited by the EAB).
Sources: EAB 2025-EAB-0113; EAB 2014-EAB-0520; EAB 2017-EAB-1123
Pennsylvania: No official guidance found; usually not misconduct
Quitting: Ineligible without cause "of a necessitous and compelling nature" (43 P.S. § 802(b)); personal reasons can qualify if there was no reasonable alternative.
Fired for poor performance: L&I: poor work is "not considered willful misconduct where the claimant is working to the best of his/her ability".
Sources: L&I UCP-41; L&I eligibility FAQs
Rhode Island: No official guidance found; usually not misconduct
Quitting: Ineligible for leaving "without good cause" (R.I. Gen. Laws § 28-44-17(a)); the statute covers some personal reasons.
Fired for poor performance: Only "proved misconduct" disqualifies, and a rule violation counts only if it is "not shown to be as a result of the employee's incompetence" (§ 28-44-18(a)).
Sources: R.I. Gen. Laws § 28-44-17 (official page, read from an archived copy, 2026-05-13); R.I. Gen. Laws § 28-44-18 (official page, read from an archived copy, 2025-08-10)
South Carolina: No official guidance found; usually not misconduct
Quitting: Disqualified if you "left voluntarily, without good cause" (S.C. Code § 41-35-120(1)).
Fired for poor performance: "Substandard performance due to inefficiency, inability, or incapacity" cannot be a basis for disqualification (§ 41-35-120(2)(b)). A separate "for cause" tier allows a partial disqualification.
Sources: S.C. Code title 41, chapter 35 (official page, read from an archived copy, 2026-05-19); S.C. Regs. chapter 47 (official page, read from an archived copy, 2026-05-25)
South Dakota: No official guidance found; usually not misconduct
Quitting: Good cause only from a closed list, mostly reasons on the employer's side (SDCL 61-6-9.1).
Fired for poor performance: "Failure to perform as the result of inability or incapacity" is not misconduct (SDCL 61-6-14.1). Repeated negligence is.
Sources: SDCL 61-6-9.1; SDCL 61-6-14.1
Tennessee: Counts as a discharge; no clear official rule
Quitting: TDLWD lists "Voluntarily quit without good work-related cause" as a disqualification.
"Resign or be fired": TDLWD lists "Quit in lieu of being discharged" among its examples of discharge.
Fired for poor performance: No official statement found. TDLWD lists "Job Performance" as a discharge reason without saying whether it is misconduct.
Sources: TDLWD: Do I qualify?; TDLWD help center: separation reason
Texas: Counts as a discharge; usually not misconduct
Quitting: Disqualified without "good cause connected with the individual's work" (Tex. Lab. Code § 207.045(a)).
"Resign or be fired": TWC: "Resignation in lieu of discharge - same as discharge"; the employer should be ready to prove misconduct.
Fired for poor performance: TWC: "mere inability to satisfy an employer's performance standards is not misconduct". Inattention on simple tasks can be.
Sources: Tex. Lab. Code ch. 207; TWC: types of work separations; TWC: poor work performance
Utah: No official guidance found; no clear official rule
Quitting: Disqualified for leaving "without good cause", unless denial would be "contrary to equity and good conscience" (Utah Code § 35A-4-405(1)(a)).
"Resign or be fired": The relevant rules (R994-405) could not be read on the official site.
Fired for poor performance: No official statement found online. Utah uses a "just cause" standard (§ 35A-4-405(2)(a)).
Sources: Utah Code § 35A-4-405
Vermont: No official guidance found; usually not misconduct
Quitting: VT DOL: you must show that "the reason for quitting is good cause attributable to the employer".
Fired for poor performance: VT DOL handbook: case law excludes "failure in performance as the result of inability or incapacity"; a pattern after a warning may disqualify.
Virginia: Treated as a quit; usually not misconduct (courts)
Quitting: Disqualified for leaving "without good cause" (Va. Code § 60.2-618(1)); the VEC handbook points to job-related causes.
"Resign or be fired": VEC precedent: "an anticipated discharge is not a discharge in fact"; resigning to avoid a firing on your record was a voluntary quit (1984).
Fired for poor performance: Court of Appeals (Borbas, 1994): no misconduct where there was "no evidence that appellant's acts were volitional".
Sources: Va. Code § 60.2-618; VEC precedent VL 135.35 (official page, read from an archived copy, 2026); VEC precedent MC 300.05 (Borbas) (official page, read from an archived copy, 2026)
Washington: No official guidance found; usually not misconduct
Quitting: "Good cause reasons to leave work are limited to reasons listed" in the statute (RCW 50.20.050(2)(a)).
Fired for poor performance: Not misconduct: "failure to perform well as the result of inability or incapacity" (RCW 50.04.294(3)(a)).
Sources: RCW 50.20.050; RCW 50.04.294; ESD: laid off or fired
West Virginia: No official guidance found; usually not misconduct
Quitting: Disqualified without "good cause involving fault on the part of the employer" (W. Va. Code § 21A-6-3(1)).
"Resign or be fired": The employer handbook lists "Was asked to resign" as a separate separation reason, without saying how it is treated.
Fired for poor performance: Claimant handbook: benefits are possible if you were discharged "for reasons that are not considered willful misconduct". Courts also apply a "simple misconduct" tier.
Sources: W. Va. Code § 21A-6-3 (official page, read from an archived copy, 2026-05-13); WorkForce WV claimant handbook; WorkForce WV employer handbook
Wisconsin: Treated as a quit; usually not misconduct
Quitting: You need "good cause attributable to the employing unit" or another statutory exception (Wis. Stat. § 108.04(7)).
"Resign or be fired": LIRC digest (one 1991 case): resigning after a suggestion to resign with severance was a quit "not with good cause attributable to the employer".
Fired for poor performance: "Substantial fault" excludes failure to perform "because of insufficient skill, ability, or equipment" (Wis. Stat. § 108.04(5g)(a)).
Sources: Wis. Stat. chapter 108 (official page, read from an archived copy, 2026); DWD claimant handbook: eligibility; LIRC UC Decision Digest
Wyoming: No official guidance found; usually not misconduct
Quitting: Disqualified without "good cause attributable directly to his employment" (Wyo. Stat. § 27-3-311(a)(i)).
Fired for poor performance: Misconduct excludes "inefficiency or failure in good performance as the result of inability or incapacity" (§ 27-3-102(a)(xxiv)(C)).
Sources: Wyo. Stat. title 27
Before you resign: four steps
- Find your state above. Check both columns: the "resign or be fired" rule and how your state treats poor performance.
- Do not resign on an assumption. In several states, quitting because you expect to be fired is a voluntary quit. Ask whether your job is still available.
- Keep the paperwork. Save the PIP, written warnings and any "resign or be fired" message. In North Carolina, written reprimands can decide the case.
- File a claim anyway. The state agency decides eligibility, not your employer, and every state has an appeal process. See how to file for unemployment.
If you do decide to resign, put it in writing
LawDepot's Resignation Letter builds the letter from a few questions, starting with why you are resigning, and lets you print or download it. Keep a copy with your PIP paperwork.
Paid link: we may earn a commission at no extra cost to you. It does not change the steps we recommend.
See LawDepot's resignation letter ↗Paid linkJob-searching while you work the plan?
Rezi is an AI resume builder: it formats your resume for applicant tracking systems (ATS), scores it before you send it, and drafts cover letters, so you can start applying while you still have the paycheck.
Paid link: we may earn a commission at no extra cost to you. It does not change the steps we recommend.
See Rezi ↗Paid linkThis is general information, not legal advice. Each state agency decides on the facts of your case, and rules change. We list only what official sources say and mark the gaps. If you think the PIP is retaliatory or discriminatory, talk to an employment attorney before you resign.
Resigning during a PIP: common questions
Can I get unemployment if I resign during a PIP?
Usually not if you simply quit: every state denies benefits for leaving work without good cause, and most require a reason connected with the job. The answer can change if your employer told you to resign or be fired (a discharge in at least 10 states) or if you were about to be fired for performance you could not fix.
Is "resign or be fired" a quit or a discharge for unemployment?
It depends on the state. In 10 states the official rule treats it as a discharge, so the agency then asks why you would have been fired. Minnesota, Virginia and Wisconsin have treated leaving in anticipation of a discharge as a voluntary quit, and many states have no official guidance.
Can you get unemployment if you are fired after failing a PIP?
Often yes. In most states, an official source says poor performance caused by inability, lack of skill or incapacity is not misconduct. Colorado, North Carolina and Ohio are the main exceptions, and deliberate or repeated careless poor work can count as misconduct almost everywhere.
Should I resign before a PIP ends?
Only after you check your state's rule and your finances. Resigning usually ends your income at once and can cost unemployment benefits, while staying keeps both options open. Our decision guide walks through the trade-offs.
These answers are general information, not legal, tax, or financial advice. Rules and fees change and vary by state: confirm current requirements with the relevant government agency and, for your situation, a licensed professional.