Why Do Employers Fire People on Friday? What California Employees Should Know

Why Do Employers Fire People on Friday? What California Employees Should Know

November 29, 2020

Getting fired on a Friday can feel deliberate. It happens just before the weekend, when coworkers and HR staff may be harder to reach, and it can leave an employee with two days to process the news before the next business week begins.

But does the day of the week actually mean anything legally?

In California, being fired on a Friday is not automatically wrongful termination. The more important question is why the employment ended and whether the reason for the termination violated California or federal law.

Quick Answer: Is It Illegal to Fire Someone on a Friday?

No. California law does not generally prohibit an employer from terminating an employee on a Friday simply because it is Friday.

California is generally an at-will employment state, meaning an employment relationship may often be ended by either side without advance notice, unless a contract, collective bargaining agreement, statute, or other legal protection changes that result.

What matters is whether the reason for the termination was lawful. A firing can raise different issues if it was connected to discrimination, retaliation, protected leave, whistleblowing, wage complaints, or another protected activity.

Why Might an Employer Choose Friday for a Termination?

There is no single reason employers choose Friday. Some organizations may use the end of the workweek for administrative convenience, scheduling, payroll coordination, or internal management reasons.

Other employers deliberately avoid Friday terminations because they prefer to provide employees immediate access to HR, benefits information, or other resources during the business week.

The day itself therefore tells you very little about whether the termination was lawful or unlawful.

Does a Friday Firing Mean You Were Wrongfully Terminated?

Not by itself. Wrongful termination generally refers to a firing that violates a law, public policy, contract, or another legally protected right.

California's Civil Rights Department explains that state law prohibits covered employers from making employment decisions, including termination, because of protected characteristics such as race, religion, age, disability, sex, sexual orientation, gender identity, medical condition, and other protected categories.

You can review the California Civil Rights Department's employment guidance for the state's current list of protected characteristics and workplace protections.

JLG Lawyers also explains the broader concept on our California wrongful termination page.

What Matters More Than the Day You Were Fired?

The timing of a termination can still be relevant when viewed together with other facts. The important question is usually not whether the firing happened on Friday, but what happened before it.

Examples of facts that may be relevant to understanding a termination include:

  • A recent complaint about discrimination or harassment
  • A report of suspected unlawful conduct
  • A recent request for disability accommodation or protected leave
  • A complaint about unpaid wages or working conditions
  • A sudden change in performance reviews or disciplinary treatment
  • Different explanations for the termination given at different times
  • Statements or conduct suggesting a protected characteristic influenced the decision

None of these facts automatically establishes an unlawful termination. They are examples of circumstances that can provide context for why an employer made a particular decision.

Friday Firings and Workplace Retaliation

Retaliation is one area where the sequence of events can be important.

California law protects employees from certain adverse employment actions taken because they engaged in legally protected activity. The California Civil Rights Department identifies firing, discipline, schedule changes, and other job-related consequences as examples that can potentially form part of a retaliation claim when linked to protected conduct.

The CRD's workplace retaliation guidance explains the general elements of retaliation under the laws it enforces.

Employees can also review JLG Lawyers' workplace retaliation and whistleblower retaliation resources.

What Happens to Final Pay When You Are Fired in California?

One practical issue can matter regardless of whether a termination occurs on Monday or Friday: final wages.

California Labor Code Section 201 generally requires earned and unpaid wages to be paid immediately when an employee is discharged.

The California Division of Labor Standards Enforcement also states that a discharged employee generally must be paid earned wages, including accrued vacation when applicable, at the time of termination.

The state's current final-pay guidance provides additional information about final wages and exceptions for particular types of employment.

So an employer generally cannot simply delay final wages until Monday because the employee was terminated late in the week, although specific circumstances and statutory exceptions can affect how the rules apply.

Is California an At-Will Employment State?

California generally follows the at-will employment rule. The California Division of Labor Standards Enforcement explains that, absent an agreement to the contrary, either the employer or employee can generally end an at-will employment relationship without advance notice.

At-will employment does not mean every termination is lawful. Other statutes and legal protections can restrict the reasons an employer may use when making a termination decision.

For example, California's employment discrimination laws prohibit covered employers from terminating workers because of protected characteristics, and various state laws prohibit retaliation for certain protected activities.

Friday Firing vs. Wrongful Termination: The Key Difference

A Friday termination describes when an employee was fired. Wrongful termination describes why an employee was fired.

That distinction is the most important takeaway from the original question.

Being dismissed at the end of the week may be frustrating, inconvenient, or emotionally difficult. But the calendar day alone does not determine whether the termination violated California law.

Frequently Asked Questions

Why do companies fire employees on Fridays?

There is no universal reason. Employers may choose Friday for scheduling, payroll, operational, or management reasons, while other employers deliberately avoid Friday terminations. The day alone does not indicate whether the decision was lawful.

Is it illegal to fire someone on a Friday in California?

No. California does not generally prohibit an employer from terminating an employee on a Friday. The legal issue is typically the reason for the termination rather than the day it occurred.

Can an employer wait until Monday to give me my final paycheck?

California generally requires earned and unpaid wages to be paid immediately when an employee is discharged, subject to specific exceptions. The California Labor Commissioner publishes current guidance about final-pay requirements.

What can make a termination unlawful in California?

A termination can raise legal issues when the reason violates employment protections involving matters such as discrimination, retaliation, protected activity, protected leave, whistleblowing, or other rights. Whether any particular firing is unlawful depends on the facts.

Does being fired shortly after reporting misconduct matter?

The timing between protected activity and a later termination can be relevant context in a retaliation analysis, but timing alone does not establish retaliation.

Is every unfair firing a wrongful termination?

No. An employment decision can feel unfair without necessarily violating the law. Wrongful termination generally involves a firing that conflicts with a legal protection, public policy, contractual obligation, or other recognized restriction.

Learn More About Wrongful Termination in California

For a broader explanation of unlawful termination, see Understanding Your Rights After Wrongful Termination and JLG Lawyers' wrongful termination practice page.

Employees whose termination followed a workplace complaint can also review our workplace retaliation guide.

JLG Lawyers represents employees throughout California, including Los Angeles and surrounding communities. You can book a free consultation to discuss your situation.

This article provides general educational information about California employment law. It is not legal advice and does not determine whether any particular termination was lawful or unlawful.