Common Mistakes After Being Fired
A few avoidable missteps in the first days can weaken an otherwise strong case.
What Are The Most Common Mistakes After Being Fired?
The biggest mistake is simply letting the clock run without acting, since a worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations 1.
Beyond the deadline, most mistakes fall into a small set of repeated patterns.
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Signing a resignation letter or settlement without reading it slowly first.
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Deleting work chats, emails, or files instead of saving copies.
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Posting about the dismissal publicly before speaking to anyone.
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Assuming a verbal reason given at the meeting is the final, official one.
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Waiting to see if the employer changes their mind before doing anything.
Why These Mistakes Matter More Than They Seem
Each mistake above either loses evidence or wastes time, and both work against you later.
The employer, not you, carries the burden of proving the dismissal was for just cause or excuse once a case reaches the Industrial Court 2.
That means your evidence exists mainly to challenge their version of events, not to build your own case from nothing.
Losing documents or waiting too long weakens your position to respond, even when the underlying dismissal was genuinely unfair.
What To Do Instead
Save everything you can reach today: the evidence worth keeping before access disappears is a useful starting checklist.
Confirm your actual dismissal date with a deadline calculator instead of estimating it from memory.
Write a short, factual account of what happened rather than an emotional one, and keep it dated.
If anything about your situation still feels unclear, a short conversation with an employment lawyer is far cheaper than an avoidable mistake.
Most of these mistakes come from acting on instinct in a stressful moment, which is entirely understandable given what has just happened to you.
Slowing down for even a single day before signing anything or deleting anything rarely costs you the claim, and it usually protects it instead.
If you have already made one of these mistakes, it is worth raising it directly rather than hoping it goes unnoticed, since an early fix is often still possible.
None of these mistakes are unusual, and most are fixable if caught early enough.
What matters most is acting from this point forward with a clearer head.
Small corrections now prevent larger problems later in the process.
If you are unsure whether something you have already done or said could affect your case, it is worth checking with an employment lawyer early rather than guessing.
Common questions
Is signing a settlement quickly always a mistake?
Not always, but signing before you understand what you are giving up usually is. Read every clause, ask what happens to any pending claim once you sign, and get a second opinion if the offer arrived with pressure to decide immediately.
Does venting about the dismissal on social media hurt a case?
It can. Public posts about the employer or the dismissal can be used by the other side later, and they rarely add anything useful to your own claim. A private written record serves you far better than a public one.
I already missed a few days before acting, is it too late?
Not necessarily. The 60 day window is generous compared to how quickly people usually start gathering documents, so a delay of a few days is rarely fatal. What matters most is acting before that window actually closes.
Should I confront my employer about why I was really dismissed?
A calm written request for the reason is reasonable, but a heated confrontation rarely helps and can complicate later evidence. Put your questions in writing where possible, since that also creates a useful record for your case.
Sources
- A worker has 60 days from the dismissal date to lodge a written representation with the Director General of Industrial Relations. Mah Weng Kwai & Associates
- The burden falls on the employer, not the employee, to prove the dismissal was for just cause or excuse. Mah Weng Kwai & Associates
Keep reading
If you are unsure whether something you have already done or said could affect your case, it is worth checking with an employment lawyer early rather than guessing.