No one enjoys being called into a meeting only to be told their employment is ending. It’s even worse when the reason feels vague, unfair, or completely out of the blue. While not every termination is unlawful, there are times when a dismissal crosses the line — and knowing the red flags can help you take the right next steps without acting on impulse.
If you’ve been let go and something doesn’t sit right, don’t panic. It’s worth slowing down, gathering the facts, and seeking advice — especially if you feel blindsided or believe the reason given was just a smokescreen. That’s where an unfair dismissal lawyer can be incredibly helpful, guiding you through your rights and helping determine whether your employer’s actions were legal or not.
Here’s how to tell if your dismissal might not be above board — and how to respond without burning bridges or making costly mistakes.
Red Flag #1: You Were Fired Without a Warning
Unless the reason for your dismissal was serious misconduct (e.g., theft, fraud, or violence), most employees are entitled to receive a fair warning first — especially if the issue is related to performance or behaviour. This warning should be documented and give you a genuine opportunity to improve.
If this is your first time hearing about a problem and you’ve been let go on the spot, that’s a sign the proper process may not have been followed.
Red Flag #2: The Reason Doesn’t Make Sense
Sometimes employers will cite vague reasons like “not a good fit” or “we’re moving in a different direction” without giving you any concrete feedback. If you’ve been performing well, received recent praise or positive reviews, and nothing else has changed, this could be a sign that the real reason is being concealed — possibly due to discrimination, retaliation, or other inappropriate motivations.
It doesn’t mean they have to love you, but they do need to follow fair process — and give a legitimate reason for ending your employment.
Red Flag #3: You Were Let Go After Exercising a Right
If you were terminated shortly after:
- Requesting parental or personal leave
- Making a complaint about bullying, harassment, or discrimination
- Reporting unsafe working conditions
- Joining or contacting a union
- Filing a workers’ compensation claim
…you could be facing what’s known as “adverse action.” Employers cannot legally punish you for exercising your rights, and timing alone can raise red flags.
What to Do If You’ve Just Been Let Go
1. Stay Calm (Even If You’re Furious)
This is easier said than done — especially if the decision felt sudden or personal. But reacting emotionally in the moment can make things harder down the track. Keep your responses short and professional, and try to avoid confrontation.
2. Request the Details in Writing
Ask your employer for a written explanation of the reason for your dismissal. Also request copies of relevant documents like your employment contract, performance reviews, or any written warnings (if they exist).
Having everything in writing gives you a clearer picture — and helps later if you decide to make a formal claim.
3. Don’t Sign Anything Immediately
You may be offered a termination letter, exit package, or “confidential agreement” to sign on the spot. Don’t feel pressured. Take it home, read it carefully, and consider seeking legal advice before signing anything that waives your rights.
Some agreements include clauses that prevent you from challenging the dismissal later — so read every word.
4. Keep a Record of What Happened
As soon as you can, write down your version of events. Include the lead-up to the dismissal, the meeting itself, and what was said by whom. Include dates, names, and any witnesses. Save emails or messages that support your side.
This kind of documentation can be invaluable if you pursue a claim for unfair dismissal.
What Are Your Legal Options?
In Australia, most employees can lodge an unfair dismissal claim through the Fair Work Commission — as long as:
- You’ve been employed for at least 6 months (or 12 months for small businesses)
- You were dismissed unfairly (meaning it was harsh, unjust, or unreasonable)
- You submit the claim within 21 days of the dismissal
You may be entitled to compensation, reinstatement, or a negotiated outcome. An experienced lawyer can walk you through the best option for your situation, and help you avoid common pitfalls in the application process.
Don’t Let Panic Override Your Power
Being let go unexpectedly can feel personal, humiliating, and scary — but you’re not powerless. Knowing what a fair dismissal should look like helps you spot when something’s not right. And if you have been dismissed unfairly, you’re not alone — and you don’t have to navigate it solo.
Taking a calm, informed approach is the best way to protect your rights, your reputation, and your next step forward.
