My Boss Is Threatening to Fire Me — What Should I Do Right Now? [2026 Guide]
Your boss is threatening to fire you. Do not panic. Learn your legal protections, when threats become unlawful, steps to take today, and who to contact for help in Australia.
Do not panic — but start protecting yourself immediately
If your boss has threatened to fire you — whether in a heated moment, a formal meeting, or through subtle intimidation — your first priority is to stay calm and start building your protection. Do not resign. This is the single most important piece of advice. Many employees who are threatened with termination resign in the heat of the moment or under pressure, which strips them of unfair dismissal rights, redundancy pay, and notice entitlements. Even if your workplace has become unbearable, resigning puts you at a significant legal disadvantage compared to being terminated. Start a written record immediately. After any conversation where your boss threatens your employment, send yourself an email (to your personal email, not your work email) documenting: the date and time, who was present, what was said (as close to exact words as possible), and the context. This contemporaneous record will be invaluable if you later need to lodge a claim. If your boss makes threats in front of witnesses, note their names. If possible, follow up any verbal threat with a written communication to your boss: something like 'Following our conversation today, I want to confirm my understanding that you said [X]. Could you please clarify?' This creates a paper trail and often causes the employer to back down or moderate their position.
Your legal protections — unfair dismissal, general protections, adverse action
Australian workers have multiple layers of legal protection against unfair termination. Unfair dismissal protection (Part 3-2 of the Fair Work Act) means that if you are dismissed, you can challenge it as harsh, unjust, or unreasonable if you have completed the minimum employment period (6 months, or 12 months for small businesses with fewer than 15 employees), you earn below the high income threshold ($175,000 in 2025-26) or are covered by an award or enterprise agreement, and the dismissal was not a genuine redundancy. General protections (Part 3-1) prohibit adverse action — including threats of dismissal — taken against you because you exercised or proposed to exercise a workplace right (such as asking about your pay or entitlements, making a complaint, or taking leave), or because of protected attributes like age, race, gender, disability, family responsibilities, religion, or union membership. The general protections are broader than unfair dismissal — they cover all employees regardless of income or length of service, and they also cover threats and intimidation, not just actual dismissal. If your boss is threatening to fire you because you raised a concern about your pay, lodged a workers comp claim, or took personal leave, this may constitute unlawful adverse action.
When threats of dismissal become unlawful
A threat of dismissal crosses into unlawful territory in several circumstances. First, adverse action for exercising a workplace right: if the threat is connected to you making a complaint or enquiry about your employment (asking about your pay, querying your roster, raising a safety concern), the threat itself is unlawful adverse action under section 340 of the Fair Work Act — even if you are never actually dismissed. Second, discrimination: threats of dismissal connected to a protected attribute (pregnancy, age, disability, race, gender, caring responsibilities, union membership) are unlawful under both the Fair Work Act and federal and state anti-discrimination legislation. Third, coercion: threatening to dismiss you to force you to accept changed conditions (such as reduced hours, lower pay, or different duties) may constitute coercion under section 343 of the Fair Work Act. Fourth, workplace bullying: repeated threats of dismissal can constitute workplace bullying, which the Fair Work Commission can address through anti-bullying orders under Part 6-4B. Fifth, constructive dismissal risk: if your employer's conduct — including persistent threats — makes your position intolerable and forces you to resign, this may be treated as a dismissal (constructive dismissal) for the purposes of an unfair dismissal claim.
Constructive dismissal — when you are forced out without being fired
Constructive dismissal occurs when an employer's conduct is so unreasonable that the employee has no real choice but to resign. The resignation is then treated as a dismissal initiated by the employer. This is directly relevant to threats of termination because persistent threats and intimidation can form the basis of a constructive dismissal claim. To establish constructive dismissal, you generally need to show that the employer's conduct was a significant breach of the employment contract (either express or implied terms), the breach was sufficiently serious that it left you with no real alternative but to resign, and you resigned in response to the breach (not for other reasons). Examples of conduct that can support constructive dismissal include: ongoing threats of termination without basis, deliberate humiliation or undermining, significant unilateral changes to your role or conditions, failure to address complaints about bullying or harassment, and being set up to fail through unreasonable workloads or impossible targets. The practical challenge with constructive dismissal is that you bear the burden of proof — and the Fair Work Commission takes a strict approach. You must demonstrate that the employer's conduct, not your own dissatisfaction, forced the resignation. This is why the advice to not resign is so critical — it is almost always better to be dismissed and then challenge it than to resign and try to argue constructive dismissal.
Steps to take TODAY if your boss is threatening your job
Here are the concrete steps to take right now. Step one — document everything. Write down what was said, when, where, and who witnessed it. Save this to your personal email or device, not your work systems. Step two — review your employment contract and any applicable award or enterprise agreement. Understand your notice period, any termination provisions, and your redundancy entitlements (if applicable). Step three — check your eligibility for unfair dismissal protection. Have you been employed for at least 6 months (or 12 months for a small business)? Are you covered by an award or EA, or earning below $175,000? Step four — if the threat is connected to a workplace right (complaint, leave, pay query), note this specifically — it may be unlawful adverse action regardless of your length of service. Step five — continue doing your job to the best of your ability. Do not give your employer ammunition for a performance-based dismissal. Arrive on time, meet deadlines, and be professional. Step six — gather your personal records. Ensure you have copies of your employment contract, payslips, performance reviews, and any relevant communications saved outside of work systems. Step seven — do not sign anything under pressure. If presented with a termination letter, deed of release, or changed conditions, ask for time to seek advice.
Who to contact for help — free and low-cost options
You do not need to face this alone, and you do not necessarily need an expensive lawyer. The Fair Work Infoline (13 13 94, Monday to Friday 8am-5:30pm) provides free advice about your workplace rights and can help you understand whether your employer's conduct may be unlawful. They can also explain the unfair dismissal and general protections application processes. Your union — if you are a member, contact your union delegate or organiser immediately. Unions provide free legal representation in Fair Work matters and can intervene on your behalf before termination occurs. If you are not a member, many unions allow you to join at any time, and some will take on cases for new members. Community legal centres provide free legal advice on employment matters. Find your nearest centre at clcaustralia.org.au. The Fair Work Commission itself has a dedicated unfair dismissal section with fact sheets and guides at fwc.gov.au. Legal Aid in your state can provide free or low-cost legal assistance if you meet eligibility criteria. Beyond My Blue Door (beyondblue.org.au, 1300 22 4636) provides mental health support — workplace threats and job insecurity can take a serious toll on your wellbeing. If you are dismissed, you have only 21 days to lodge an unfair dismissal or general protections application with the Fair Work Commission. Do not wait — seek advice immediately.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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