Termination for Good Faith Claim

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Employees will often make good faith unlawful termination claims to their employer.  An example would be a worker who believed he has not been compensated for all the hours he has worked.  Unfortunately, sometimes the employee will be mistaken and it will turn out that he was in fact fully compensated for all of his hours.  In this circumstance, an employer may not unlawful termination or otherwise retaliate against that employee for making the claim so long as the employee acted in good faith.

In Barbosa v. IMPCO Technologies, Inc., an employee was terminated after he had made a claim for unpaid overtime wages.  It was subsequently determined that he had in fact been paid for all of his hours.  He was terminated by his employer for “fraud” and/or “falsifying records.” In that case, the Court determined that even though the employee was wrong and had actually fully been paid, he could still prevail in his case for wrongful unlawful termination as long as his claim was made in good faith.

If you have been an unlawful termination for having mistakenly made a claim to your employer, then you may have a claim for wrongful unlawful termination.  Crucial to this claim will be determining and proving whether your claim was made in good faith. If you have been terminated from your employment and believe it was because you made a mistaken, yet good faith claim to your employer in Orange County, Riverside County, Los Angeles County or San Bernardino County, please contact Stevens & McMillan at (800) 738-3353 for a free consultation. This article has only touched on the general scope of the law and is for information purposes only. This article is not intended to give legal advice.