John Mueller from Google was asked if having invalid markup for structured data would lead to having a manual action. The answer is no, John said “Just having invalid markup wouldn’t be a cause for a manual action there.”
If the markup goes against Google’s structured data guidelines – then sure, you get get a manual action. But if you just used invalid markup, then no, that wouldn’t cause a manual action.
You still need to fix the invalid markup, because Google might not show the rich results in search because Google cannot understand it.
Here is John’s tweet:
Froum discussion at Twitter.