My Employer Is Threatening to Fire Me — What Are My Rights?

Under section 340 of the Fair Work Act 2009, it's illegal for an employer to take — or threaten to take — adverse action against you because you exercised a workplace right. Adverse action includes termination, demotion, reduction of hours, discrimination, or any other action that injures you in your employment. A 'threat' doesn't have to be a formal written notice.

Verbal warnings like 'if you keep asking about your pay, you won't have a job' or 'take the shift or don't bother coming back' can constitute unlawful threats. The key question is whether the threat was made because you exercised, or proposed to exercise, a workplace right — such as asking about your entitlements, making a complaint, or refusing to work in unsafe conditions.

General Protections (Part 3-1 of the Fair Work Act) are broader and more powerful than unfair dismissal laws. They protect you from adverse action related to: exercising workplace rights (s.340), engaging in industrial activities (s.346), discrimination (s.351), sham contracting (s.357), and temporary absence due to illness or injury (s.352). Unlike unfair dismissal, General Protections have NO minimum employment period — you are protected from day one of employment.

In practice, this means even if you're in your first week or during a probation period, your employer can't threaten to fire you for asking about your entitlements, raising a safety concern, or making an inquiry to the Fair Work Ombudsman.

If your employer is threatening you, documentation is critical. Start keeping a written record immediately: note the date, time, location, exact words used, and any witnesses present. Send yourself an email immediately after each incident so there's a timestamped record.

The short answer? If possible, follow up verbal conversations in writing — for example, email your manager saying 'Just confirming our conversation today where you said [specific words].' Keep copies of any relevant text messages, emails, or written warnings. If the threats continue, consider whether you can safely record conversations (note: recording laws vary by state — in most Australian states, you can record a conversation you're part of without the other party's consent).

Store all documentation outside your work systems — use a personal email or cloud storage.

Step 1: Do not resign. If you resign under threat, you may lose important entitlements including redundancy pay, notice pay, and unfair dismissal rights. Step 2: Document everything (see above).

Step 3: Contact the Fair Work Ombudsman on 13 13 94 — the call is free and confidential. Step 4: Consider lodging a General Protections dispute with the Fair Work Commission.

You can do this even while still employed (you don't have to wait until you're actually dismissed). Step 5: If the threat involves your physical safety, contact your state's WorkSafe authority immediately. Step 6: Seek advice from your union (if you're a member) or a community legal centre — many offer free initial consultations for employment matters.

If you're ultimately dismissed after being threatened, you may have two possible claims. Unfair dismissal (s.394) requires a minimum employment period (6 months for large businesses, 12 months for small businesses) and is capped at 26 weeks' pay. General Protections (s.365) has no minimum employment period, no compensation cap, and can include orders for reinstatement, compensation, penalties against the employer, and injunctions.

The catch: you generally cannot pursue both claims simultaneously — you must choose one. For most employees who have been threatened for exercising workplace rights, a General Protections claim is the stronger option.

The employer bears the burden of proving the adverse action was NOT taken for the prohibited reason. Lodge within 21 days of dismissal.

Yes — General Protections don't make you unfirable. They protect you from adverse action taken because you exercised a workplace right. If your employer has genuine, documented performance concerns unrelated to your exercise of workplace rights, they can still manage your performance and ultimately terminate your employment for valid reasons.

However, if the timing of 'performance issues' suspiciously coincides with you raising a complaint or asking about entitlements, this can be evidence that the real reason was the prohibited one. Courts look at the substance, not just the stated reason.