Legal Opinion

Barbosa v. Impco Technologies, Inc.

California Court of Appeal

Decided November 30, 2009No. G041070PublishedCited by 2 opinions

1Opinion of the Court

Opinion

SILLS, P. J.

Manuel Barbosa appeals from the adverse judgment on his complaint for wrongful termination after the superior court granted the motion for nonsuit by defendant IMPCO Technologies, Inc. He contends the trial court improperly found there was no public policy protecting a mistaken but good faith claim to overtime wages. We agree. The public policy in favor of the employer’s duty to pay overtime wages protects an employee from termination for making a good faith but mistaken claim to overtime. The case must be reversed and remanded for a jury determination of the questions of…

2Cases cited9 opinions

  1. Tameny v. Atlantic Richfield Co.California Supreme Court · 1980
  2. Nally v. Grace Community ChurchCalifornia Supreme Court · 1988
  3. Green v. Ralee Engineering Co.California Supreme Court · 1998
  4. Freund v. Nycomed AmershamCourt of Appeals for the Ninth Circuit · 2003
  5. Carson v. Facilities Development Co.California Supreme Court · 1984

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3Cited by2 opinions

  1. De Souza v. Dawson Technical, Inc.District Court, S.D. California · 2022
  2. Vasquez v. Franklin Management Real EstateCalifornia Court of Appeal · 2013

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