I've Been Fired From my Job. What Should I do?
Losing your job can be one of the most stressful experiences you'll face. Whether the dismissal came completely out of the blue or followed a workplace investigation, performance management process or disciplinary meeting, it's normal to feel shocked, angry and uncertain about what to do next.
The good news is that being fired does not necessarily mean your employer acted lawfully or fairly. Depending on the circumstances, you may have rights and options available under Australian workplace laws.
If you've recently been dismissed, this guide explains the practical steps you can take, common mistakes to avoid, and when you should consider seeking advice.
You can also watch my video on this topic (above) for practical guidance.
Step 1: Don't Panic
One of the biggest mistakes employees make is reacting emotionally immediately after being dismissed, particularly if you were unfairly dismissed.
While losing your job is understandably upsetting, try to remain calm and professional.
Avoid:
Sending angry emails or text messages.
Making accusations on social media.
Confronting your manager.
Removing workplace documents without authorisation.
Refusing to return company property.
Everything you do after dismissal has the potential to affect future negotiations or legal proceedings.
Instead, focus on gathering information and understanding your options.
Step 2: Understand Why You Were Dismissed
Ask yourself:
What reason has my employer given for the dismissal?
Was that reason provided in writing?
Did the employer explain the allegations or concerns?
Was I given an opportunity to respond?
Was there a workplace investigation?
Was I given any warnings?
Understanding why your employment ended is one of the first steps in determining whether the dismissal may have been fair.
Step 3: Collect Important Documents
Before memories fade, gather copies of documents that relate to your employment.
These may include:
Your employment contract.
Termination letter.
Show cause letter.
Warning letters.
Performance management documents.
Workplace investigation correspondence.
Relevant emails.
Payslips.
Position description.
Company policies.
These documents often become important when assessing your options.
Step 4: Check Your Final Pay
Your employer should generally pay any outstanding employment entitlements.
Depending on your circumstances, this may include:
Outstanding wages.
Accrued annual leave.
Long service leave, where applicable.
Payment in lieu of notice, if required.
Other contractual entitlements.
If something doesn't appear correct, it is worth seeking clarification before assuming the calculation is accurate.
Step 5: Consider Whether the Dismissal Was Fair
Not every dismissal is unfair.
Likewise, not every dismissal is lawful simply because the employer says it is.
Some questions worth considering include:
Did the employer have a valid reason for termination?
Were you told about the concerns?
Did you have an opportunity to respond?
Was the process fair?
Were workplace policies followed?
Were other employees treated differently in similar circumstances?
These are some of the factors that may become relevant when assessing your situation.
Step 6: Remember the 21-Day Deadline
One of the biggest mistakes employees make is waiting too long before seeking advice.
In most cases, unfair dismissal applications and general protection applications must be lodged within 21 days after the dismissal takes effect.
Many people spend weeks arguing with their former employer, only to realise the deadline has almost expired.
Even if you are still negotiating with your employer, it is important to understand the applicable time limits.
Step 7: Start Looking for New Employment
Even if you believe the dismissal was unfair, continue looking for work.
This can help:
Reduce financial stress.
Demonstrate that you are taking reasonable steps to mitigate your loss.
Place you in a stronger position if compensation later becomes relevant.
Keep records of your job applications and interviews.
Step 8: Don't Automatically Accept the First Settlement Offer
Some employers offer an ex gratia payment or settlement shortly after dismissal.
Sometimes the offer is reasonable.
Sometimes it significantly undervalues the employee's position.
Before accepting any offer, consider:
What rights may be available?
What claims might exist?
Whether the amount adequately reflects your circumstances.
Whether there are other important terms, such as a statement of service or confidentiality agreement.
Once a settlement is accepted, you may be giving up valuable legal rights.
Common Mistakes After Being Fired
Many employees unintentionally make decisions that reduce their options.
Common mistakes include:
Missing important legal time limits.
Resigning before understanding their rights.
Posting about the employer on social media.
Destroying workplace documents.
Accepting a settlement too quickly.
Failing to keep copies of important correspondence.
Ignoring requests from the employer.
Obtaining practical guidance early can often help avoid these issues.
Can You Challenge Your Dismissal?
Depending on the circumstances, you may have several options available.
These can vary depending on factors such as:
The reason for dismissal.
How the dismissal occurred.
The size of the employer.
Your length of service.
Whether workplace rights were involved.
Whether discrimination or adverse action may have occurred.
Every situation is different, which is why it is important not to assume that because you've been dismissed, nothing can be done.
What If You Were Dismissed During Probation?
Many employees believe they have no rights simply because they are on probation.
This is not always correct.
Whether an employee may pursue an unfair dismissal claim depends on several factors, including whether they have completed the applicable minimum employment period.
Even where unfair dismissal is unavailable, other workplace rights may still be relevant depending on the circumstances.
What If You Were Dismissed After a Workplace Investigation?
Many dismissals follow an internal workplace investigation.
However, simply conducting an investigation does not automatically make a dismissal fair.
Relevant questions may include:
Was the investigation impartial?
Were you told the allegations?
Were you given the opportunity to respond?
Was relevant evidence considered?
Was the outcome proportionate?
Procedural fairness can be just as important as the allegations themselves.
What If You Were Offered the Chance to Resign?
Some employees are told that resigning will "look better" than being dismissed.
Before making that decision, understand the potential consequences.
Resigning may affect your legal options, negotiating position and future claims.
If you are under pressure to resign, it is often worth obtaining advice before making a final decision.
Frequently Asked Questions
Can my employer fire me without warning?
Yes but not always.
Whether warnings are required depends on the circumstances. Serious misconduct is treated differently from performance-related concerns.
Can I claim unfair dismissal?
Eligibility depends on several factors, including your employment status, length of service and whether you meet the relevant legal requirements.
How much compensation could I receive?
Compensation depends on the individual circumstances of each case.
You can read my article here explaining how unfair dismissal compensation is assessed.
Should I talk to my employer after being dismissed?
Sometimes ongoing communication can be productive, particularly if settlement discussions are underway.
However, it is usually best to remain professional and avoid emotional exchanges.
Final Thoughts
Being fired from your job can feel overwhelming, but it does not necessarily mean you are out of options.
Taking the right steps early, understanding why you were dismissed, preserving important documents, being aware of strict time limits, and seeking practical guidance before making major decisions can place you in a much stronger position.
The Fair Work Coach aims to level the playing field for Australian workers.
If you've recently been dismissed, received a termination letter, or are unsure whether your employer followed a fair process, obtaining practical guidance early can help you understand your options and prepare your next steps.
Need Help With Termination of Employment or Unfair Dismissal?
The Fair Work Coach helps Australian employees understand their workplace rights and navigate difficult employment situations, including terminations, unfair dismissal applications and general protections applications and claims, bullying, workplace investigations, disciplinary processes, and workplace disputes.
Book a confidential case conference with the Fair Work Coach here.