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I Just Got Fired — What to Do Right Now (24-Hour Checklist)

|3 min read

An immediate action guide for Australian employees who've just been fired. Your 21-day unfair dismissal clock starts now — here's what to do in the next 24 hours.

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MC

Leave & Entitlements Specialist · JD, Monash University — Admitted in Victoria (non-practising)

Step 1 — Do not sign anything today

If your employer presents you with any documents to sign — a separation agreement, a deed of release, a mutual termination letter — do not sign anything on the spot. You aren't legally required to sign anything at the time of termination. Ask for a copy to take home and review.

The short answer? Many employers offer a small payment in exchange for signing a deed of release that waives your right to pursue unfair dismissal or other claims. Once signed, these deeds are very difficult to undo.

Take at least 24-48 hours to read any documents carefully, and consider having them reviewed by a lawyer or your union before signing. There's almost never a legitimate reason why you must sign immediately.

Step 2 — Get your termination in writing

Your employer is required to give you written notice of termination. If they haven't, ask for it. The written notice should state: the date your employment ends, the reason for termination, and whether you're required to work your notice period or will be paid in lieu.

If the termination was verbal and your employer refuses to put it in writing, send them an email or text message confirming what was said: 'I'm writing to confirm that you terminated my employment today, effective [date], for [stated reason].' This creates a written record and starts the clock on important deadlines.

Step 3 — Check your notice period entitlement

Under the NES, your employer must give you a minimum notice period (or pay you the equivalent amount): less than 1 year of service = 1 week, 1-3 years = 2 weeks, 3-5 years = 3 weeks, 5+ years = 4 weeks. If you're over 45 with at least 2 years of service, add 1 extra week. Your award or contract may provide a longer notice period.

If your employer didn't give you enough notice (and didn't pay you in lieu), they owe you the difference. Use our Notice Period Calculator to find your exact entitlement.

Step 4 — Check unfair dismissal eligibility (21-day clock starts NOW)

This is the most time-sensitive step. You have exactly 21 calendar days from the date of dismissal to lodge an unfair dismissal application with the Fair Work Commission. Not 21 business days — 21 calendar days, including weekends and public holidays.

To be eligible, you must have completed the minimum employment period: 6 months if your employer has 15 or more employees, or 12 months if it's a small business (fewer than 15). You must also earn below the high income threshold (currently $183,100, or be covered by a Modern Award).

If you're unsure about eligibility, lodge the application anyway — it's better to lodge and withdraw than to miss the deadline.

Step 5 — Request your final pay within 7 days

Your employer must pay your final entitlements within 7 days of termination. This includes: all outstanding wages for hours worked, accrued annual leave (plus leave loading if applicable), accrued or pro-rata long service leave, payment in lieu of notice (if notice wasn't worked), and redundancy pay (if applicable). Request an itemised payslip for your final payment.

If your employer fails to pay within 7 days, contact the Fair Work Ombudsman. Keep your own records of hours worked, leave balances, and any amounts you believe you're owed.

Step 6 — Know your redundancy rights

If you were made redundant (your job no longer exists), you may be entitled to redundancy pay on top of your notice period. The NES redundancy scale ranges from 4 weeks (1-2 years) to 16 weeks (9-10 years). Small businesses with fewer than 15 employees are exempt.

A redundancy isn't genuine if: your job still exists but someone else is doing it, you weren't consulted about the decision, or your employer could have redeployed you to another suitable role. If the redundancy isn't genuine, you may have an unfair dismissal claim.

Use our Redundancy Pay Calculator to check your entitlement.

Step 7 — Lodge complaints if needed

If anything about your termination was wrong, you have several options: Fair Work Commission (unfair dismissal or general protections — within 21 days), Fair Work Ombudsman (underpayment, unpaid entitlements — 13 13 94), your state's anti-discrimination body (if terminated for a discriminatory reason), and Services Australia (register for JobSeeker if you need income support — there may be a waiting period if you received a redundancy payment). Many community legal centres and legal aid services offer free advice on employment matters. Your union (if you're a member) can also provide representation and advice.

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FairWork Mate is an independent commercial service. We are not affiliated with, endorsed by, or associated with the Fair Work Ombudsman, the Fair Work Commission, or any Australian Government agency. Content is 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.

MC
About Megan Cole

Former Fair Work Commission Associate (2021–2024) after two years as a plaintiff-side employment paralegal in Melbourne. Juris Doctor from Monash University (2020). Writes about unfair dismissal, leave entitlements, termination, and enterprise bargaining. Admitted in Victoria, currently non-practising. Based in Fitzroy North.

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