Appellate Court Holds That ‘Fundamental Public Policy’ Precludes Terminating Employee For Making False Overtime Claim

more+
less-

Under California law, employment is generally "at-will," meaning that either the employer or the employee can end the employment relationship at any time. However, employers cannot fire employees for reasons that violate public policy, including in retaliation for an employee's exercise of his or her "fundamental" rights. In a recent decision, Barbosa v. IMPCO Technologies, the California Court of Appeal held that this principle precluded an employer from terminating an employee who falsely claimed he worked sufficient hours to receive overtime pay, if the employee had a "good faith belief" that he had worked the hours.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© TroyGould PC | Attorney Advertising

Written by:

more+
less-

TroyGould PC on:

JD Supra Readers' Choice 2016 Awards
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×