California Jury Awards $34.7 Million to Former Walmart Driver
A jury in California has granted $34.7 million in damages to ex-Walmart truck driver Jesus “Jesse” Fonseca, after determining that the retailer wrongfully accused him of fraud and unlawfully terminated his employment.
The San Bernardino County jury issued the verdict on Tuesday, awarding Fonseca $9.7 million in compensatory damages for non-economic losses and $25 million in punitive damages, as reported by his attorney, David deRubertis.
Fonseca, who served at Walmart’s Apple Valley distribution center for 14 years, claimed that the company defamed him by alleging he breached its integrity policy by operating a recreational vehicle while on medical leave following a workplace injury.
Walmart spokesperson Kelly Hellbusch responded to the jury’s decision stating, “This outrageous verdict simply does not reflect the straightforward and uncontested facts of this case. Accordingly, we will pursue all available remedies.”
Having received numerous awards and recognition during his employment, Fonseca filed a lawsuit in 2019 after being placed on medical leave due to a truck accident in June 2017. Shortly after, he communicated with Walmart about his activities during his leave, including a trip in an RV and a cruise.
Walmart’s third-party workers’ compensation administrators investigated the situation, recorded Fonseca driving an RV, and concluded that no action was necessary. However, despite these findings, Walmart’s ethics department deemed Fonseca guilty of gross misconduct and terminated his employment, citing violations of its integrity policy.
Fonseca’s lawsuit included his supervisor’s surprise over his termination, noting that he was recognized as an exemplary employee. He emphasized that he had devoted 14 years of his life to the company, only to be labeled a fraud following his injury.
The jury focused on Fonseca’s defamation claim, dismissing Walmart’s defense that it acted appropriately. Fonseca’s attorneys argued that Walmart engaged in a broader scheme targeting injured drivers to minimize workers’ compensation costs. One of his lawyers stressed that the verdict should prompt Walmart to carefully evaluate how it treats its devoted drivers.
