You’ve Been Fired. Now What?

Getting fired from your job can be a frustrating experience. Whether it was expected, sudden or even brings you relief – it’s important to have a plan in place for how you move forward from having your position terminated by your employer.

One of the most important things to do immediately after being fired is to gather as much information about your situation as possible.

Some of the information you may need includes;

  • Any letters, texts or emails your employer has sent you about your employment ending
  • Information from the Fair Work Australia’s website regarding notice and pay requirements for dismissal, redundancy and final pay
  • A copy of your employment contract, registered agreement, workplace policy or relevant award

 

Understand Your Situation

Find out everything that’s relevant to your situation. This can include, but is not limited to:

  • Why your employment is ending
  • If you’ve received correct notice
  • Is redundancy pay applicable
  • What award is your employment covered by
  • Are there any further entitlements as per your employment contract
  • What workplace policies apply and
  • Correct calculation of your final pay entitlement

Ensure Your Position Has Been Terminated Properly

Ensure your employer has followed the correct process for terminating your position. They need to have complied with any relevant award, registered agreement, employment contract or workplace policy.

If you think you’ve been unfairly dismissed (check out our blog article here) or had your position unlawfully terminated (check out our social media post here), there are further steps you may need to take.

Communicate Directly With Your Employer

An in person discussion is preferable if the option is available. Schedule a time to speak to your employer and be prepared for the meeting with a list of relevant questions you’d like to seek clarification on. If you have uncertainty about your termination, it’s best to address this as soon as possible. Remember to always stay calm and bring a support person if needed.

 

 

* For some light hearted reading, check out this news article from New Zealand.

When New Zealand based copywriter Josh Thompson received an ominous email from his bosses asking to discuss his role at the company, he knew he was facing redundancy.

The human resources department at FCB New Zealand encouraged him to bring a “support person” to help cushion the blow, an option that is legally required in New Zealand. Rather than bring a family member, a friend, or even a pet, the part-time stand-up comedian decided to splash out on a clown called “Joe”.
Josh said he’d highly recommend hiring a clown as support for any suspected redundancy meeting. “If you’ve got family, friends, step mums, step dads, step kids, bring them by all means,” he said. “But if there’s a clown available, especially Joe, I’d highly recommend it.”

 

Schedule a Follow Up Meeting

Once you’ve outlined any concerns with your employer in a prior meeting, allow a reasonable amount of time for them to address your points (for example, one week). If they haven’t responded and/or your concerns haven’t been addressed in this timeframe, contact them again for a follow up.

It’s always preferable to resolve any disputes with your employer directly. As a Dispute Resolution law firm, we’ve previously shared some tips on resolving disputes which you can check out in our blog article here.

If it isn’t possible to resolve your dispute with your employer, you can contact Fair Work Australia, the Fair Work Commission or an employment lawyer for further assistance.

 

Further Reading

Check out our blog articles for more information:

What is Unfair Dismissal?

What’s the Difference Between Getting Fired, Being Made Redundant and Being Stood Down

The Difference Between Registered Agreements, Enterprise Agreements, Awards and Employment Contracts