3 Signs you might be getting fired - and how to protect yourself

That sinking feeling in your stomach — the sense that something has shifted at work — might not just be paranoia. Maybe your manager avoids eye contact, or conversations fall silent when you enter the room. While workplace anxiety is common, sometimes your instincts are right.

In South African labour law, an employer cannot dismiss you simply because they no longer like you. The law requires both procedural and substantive fairness. To meet these standards, employers often begin laying the groundwork for dismissal long before issuing a termination notice.

If you notice these three signs, your employer may be preparing a case for your dismissal.

1. The Paper Trail Begins

Previously, arriving five minutes late might have earned a sarcastic remark. Now, you're receiving formal warnings or emails instructing you to attend disciplinary hearings.

According to Schedule 8 of the Labour Relations Act (Code of Good Practice on Dismissal), employers must follow a system of progressive discipline. This means dismissal for a first offence — unless it constitutes gross misconduct such as theft — is generally not permissible. Employers are expected to issue verbal, written, and final written warnings in sequence.

If you begin receiving written warnings for minor infractions that were previously overlooked, or your manager starts confirming every conversation by email (“As discussed, please complete X by Y”), they may be building a record of misconduct. This paper trail can be used to justify a future dismissal that will stand up at the Commission for Conciliation, Mediation and Arbitration (CCMA).

2. The Performance Improvement Plan (PIP)

You’ve been performing your role for years, yet you’re suddenly called into a meeting and told your work is substandard. You’re then placed on a Performance Improvement Plan (PIP).

Dismissal for poor work performance is governed by specific legal requirements. Before terminating employment for incapacity, an employer must:

1. Identify the performance issue;

2. Provide evaluation, instruction, training, or guidance;

3. Allow a reasonable period for improvement.

While a PIP is theoretically a support mechanism, if its targets are unrealistic or deadlines unachievable — and promised support never materialises — it likely serves another purpose: to create the appearance of fairness before a planned dismissal.

3. You Are Being Ghosted

This final sign is often the most subtle — and potentially the most serious. You find yourself excluded from key email chains and strategic meetings. Your workload is reassigned, or you are left with little to do.

This behaviour may signal a looming retrenchment under Section 189 of the Labour Relations Act. Before initiating retrenchments, employers are required to explore alternatives. However, some may attempt to sidestep this process by pushing employees to resign voluntarily — thus avoiding severance obligations.

If you notice your role is being gradually eroded or you are socially and professionally isolated, your employer may be trying to compel your resignation without going through the formal retrenchment process.

What Should You Do?

Do not panic — but do not ignore the signs either.

1. Document Everything Maintain your own paper trail. Save emails, keep a journal of incidents, record meetings, and send follow-up emails confirming conversations.

2. Engage With the Process If placed on a PIP, participate in good faith. If targets are unreasonable, put your concerns in writing immediately.

3. Do Not Resign Hastily Voluntary resignation makes it significantly more difficult to claim unfair dismissal later.

4. Seek Help Early Join a trade union or consult a labour law specialist for guidance tailored to your situation.

Recognising and responding to these signs early gives you the best chance to protect your rights. You are entitled to fair treatment — and you have every right to stand up for yourself.

** Aslam Moolla is the founder and director of Legal Leaders and co-founder of Legal Leaders Insurance. He is a passionate labour lawyer with over 14 years of experience. Moolla and the Legal Leaders have become a prominent voice for workplace fairness and a commitment to ensuring every South African knows their rights and how to defend them.

***The views expressed here do not necessarily represent those of Independent Media or IOL.

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