Walmart Ordered to Pay $35 Million to Former Truck Driver
A jury in San Bernardino County has ruled that Walmart must compensate former truck driver Jesus “Jesse” Fonseca $35 million after finding that the retailer wrongfully accused him of workers’ compensation fraud. The verdict includes $25 million in punitive damages and $9.7 million in actual damages, which cover lost wages, benefits, and emotional distress.
The incident leading to the lawsuit occurred in 2017 when Fonseca was rear-ended by another semi truck. Following the accident, he filed a workers’ compensation claim, supported by a doctor’s order prohibiting him from commercial driving and limiting heavy lifting. Fonseca alleged that Walmart refused to accommodate his injury with adjusted work tasks, subsequently accusing him of fraud based on surveillance footage that allegedly showed him driving a personal vehicle while injured. He was terminated during his work-related injury leave for purportedly breaching company integrity and was deemed ineligible for rehire.
Fonseca’s legal complaint described Walmart’s interpretation of his daily activities as “preposterous.” The lawsuit stated that even if an employee with work restrictions unintentionally violates those limits, it should not be classified as fraud.
In response, Walmart articulated its disagreement with the jury’s decision, contending that its actions were justified. A spokesperson for the company stated, “This outrageous verdict simply does not reflect the straightforward and uncontested facts of this case,” and indicated potential actions to challenge the ruling.
Fonseca, who dedicated 14 years to Walmart as a truck driver and mentor, faced difficulties securing new employment following his dismissal. The lawsuit highlighted that he had to inform potential employers that he had been terminated for “gross misconduct and integrity,” which adversely affected his job prospects.
The $35 million ruling represents a significant victory for Fonseca. For context, regional truck drivers at Walmart can earn up to $110,000 in their first year, a salary increase implemented in 2022 due to a nationwide driver shortage exacerbated by the pandemic. The average annual pay for long-haul drivers at Walmart is estimated at around $56,000.
Fonseca’s attorney, Mohamed Eldessouky, emphasized the implications of the verdict: “This sends a clear message. If a company decides to question someone’s character and integrity, it must do so carefully and honestly.” He urged Walmart to reconsider its treatment of the dedicated drivers who are essential to its operations.
