Terminated From Your Job? What You Should Do Immediately After Dismissal

Losing your job can be one of the most stressful and emotional experiences a worker faces. Whether the dismissal comes completely out of the blue or follows a workplace dispute, the actions you take in the hours and days immediately after termination can significantly affect your ability to pursue a remedy.

Many employees make mistakes immediately after being dismissed. They vent on social media, delete important evidence, or engage in heated exchanges with their former employer. These actions can weaken an otherwise strong case.

If you have just been terminated from your employment, there are several important steps you should take immediately.

Stay Calm and Avoid Emotional Reactions

The first and most important step is to remain calm.

A dismissal often triggers feelings of anger, embarrassment, frustration, betrayal, and anxiety. While these emotions are understandable, acting on them can create significant problems later.

Anything you say or do after termination may become evidence in future proceedings.

This includes emails, text messages, social media posts, private messages, comments on online forums, and communications with former colleagues.

Before doing anything else, take a moment to collect yourself and focus on preserving your position.

Terminated From Your Job? What You Should Do Immediately After Dismissal

Do Not Post About Your Termination on Social Media

One of the biggest mistakes employees make after dismissal is discussing their termination online.

Avoid posting on:

• Facebook

• Instagram

• LinkedIn

• X (formerly Twitter)

• TikTok

• Reddit

• Workplace chat groups

• Community forums

Do not publish allegations about your employer, managers, or colleagues.

Do not upload copies of workplace documents.

Do not disclose confidential information.

Do not encourage others to contact your former employer on your behalf.

Even seemingly harmless comments can create difficulties later.

Employers frequently monitor social media activity and may seek to rely upon online comments during Fair Work Commission proceedings. Public statements can be used to challenge credibility, support allegations of misconduct, or demonstrate a breakdown in the employment relationship.

If your matter ultimately proceeds before the Fair Work Commission, it is generally preferable that your evidence comes from properly prepared witness statements, documents, and submissions rather than emotional online commentary.

Remember:

A social media post may provide temporary satisfaction, but it rarely assists your case.

Gather and Preserve Your Evidence

Once your employment has ended, access to workplace systems can disappear almost immediately.

For that reason, gathering and preserving evidence should become a priority.

Create a secure folder and collect every document relating to your employment, including:

Employment Documents

• Employment contract

• Letter of offer

• Position description

• Workplace policies

• Employee handbook

• Enterprise agreement

• Award information

Payroll Records

• Payslips

• Group certificates

• Superannuation records

• Leave balances

• Rosters

• Timesheets

Performance Records

• Performance reviews

• Recognition emails

• Awards or commendations

• Training records

• Certificates

Disciplinary Material

• Warning letters

• Show cause notices

• Investigation correspondence

• Meeting invitations

• Meeting notes

• Outcome letters

Communications

• Emails

• Text messages

• Microsoft Teams messages

• WhatsApp messages

• Internal messaging records

If you have access to these documents lawfully, preserve them immediately.

Do not alter documents.

Do not edit screenshots.

Do not delete metadata.

Original documents generally carry greater evidentiary weight than edited versions.

Create a Detailed Timeline

Memories fade surprisingly quickly.

As soon as possible, prepare a detailed chronology of events.

Record:

• Your commencement date

• Your role

• Changes to duties

• Workplace complaints made by you

• Performance discussions

• Warnings received

• Workplace injuries

• Requests for leave

• Complaints of bullying, harassment or discrimination

• The date and circumstances of dismissal

Include the names of everyone involved.

This timeline may later become one of the most valuable documents in your matter.

Identify Potential Witnesses

Think about who may have witnessed relevant events.

Potential witnesses may include:

• Current employees

• Former employees

• Supervisors

• Managers

• Contractors

• Customers

• Union delegates

• Health and safety representatives

Do not pressure people to support your case.

Simply record their names and contact details.

A witness who appears neutral and independent can sometimes provide highly persuasive evidence.

Keep Records of Financial Loss

If you intend to seek a remedy following dismissal, you should maintain records of your financial circumstances.

Keep copies of:

• Job applications

• Rejection emails

• Interview invitations

• Centrelink correspondence

• Medical certificates

• Income records

Where compensation becomes relevant, evidence of financial loss may be important.

Understand the Time Limits

One of the most critical issues following termination is the strict time limit that applies to certain applications.

For unfair dismissal matters, applications generally must be lodged within 21 days after the dismissal takes effect. The Fair Work Commission has repeatedly emphasised the importance of complying with this statutory time limit, and extensions are granted only in exceptional circumstances.

Many employees lose potential rights simply because they wait too long before obtaining advice or lodging an application.

The safest approach is to seek assistance as soon as possible.

Obtain Professional Assistance Early

Not every termination is an unfair dismissal.

Depending upon the circumstances, a dismissal may involve:

• Unfair dismissal

• Adverse action

• General protections

• Workplace rights disputes

• Discrimination

• Sexual harassment

• Bullying

• Victimisation

• Workers' compensation retaliation

The Fair Work Act establishes different pathways depending upon the nature of the conduct involved. Determining the correct pathway at the outset can be critical.

An experienced employment advocate can assist in identifying the most appropriate course of action and ensuring important deadlines are not missed.

Final Thoughts

The period immediately after termination is often the most important stage of any employment dispute.

If you remember only four things, remember these:

1. Stay calm.

2. Stay off social media.

3. Gather and preserve your evidence.

4. Seek assistance quickly.

The decisions you make during the first few days after dismissal can significantly influence the outcome of any future claim.

Coming Next

In our next blog article, we will walk through the initial process of preparing an application to the Fair Work Commission. We will explain the difference between an F2 Unfair Dismissal Application and an F8 General Protections Application involving dismissal, and help you understand which pathway may be appropriate in your circumstances.