Walmart Dubs Truck Driver's $35M Court Win 'Outrageous'

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A California jury has awarded $34.7 million in damages to a former Walmart truck driver after finding the company falsely accused him of fraud and wrongfully terminated him.

The San Bernardino County jury on Tuesday awarded Jesus "Jesse" Fonseca $9.7 million in compensatory damages for non-economic losses and $25 million in punitive damages, according to one of his lawyers, David deRubertis.

Fonseca, who worked at Walmart's Apple Valley distribution center in San Bernardino County for 14 years, alleged that the company defamed him by claiming he violated its integrity policy by driving a recreational vehicle while on medical leave after a workplace injury.

In a statement to Newsweek, Walmart spokesperson Kelly Hellbusch said, "This outrageous verdict simply does not reflect the straightforward and uncontested facts of this case. Accordingly, we will pursue all available remedies."

A Walmart
A Walmart in Mountain View, California, on January 9, 2020. A California jury has awarded $34.7 million in damages to a former Walmart truck driver after finding the company falsely accused him of fraud and... Sundry Photography/Getty Images

The former employee, who had received awards and leadership recognition during his tenure, filed a lawsuit in 2019, claiming he was placed on medical leave after a truck collision in June 2017.

Weeks after the injury, he informed his employer about his activities while on leave, including an RV trip and a cruise.

Walmart's third-party workers' compensation administrators investigated Fonseca, videotaped him driving an RV, and determined no further action was warranted, his attorneys said.

Despite the investigation's outcome, Walmart's ethics department concluded Fonseca had committed gross misconduct and fired him, citing violations of its integrity code, according to Fonseca's lawsuit.

In Fonesca's complaint, he said, "To this date, [the] plaintiff's supervisor cannot believe that plaintiff was terminated because he was such an exemplary employee," and said, "Plaintiff went from a leader to a fraud for a company who he committed 14 years of his life to, all because he was injured and needed to be accommodated."

The jury's findings centered on Fonseca's defamation claim, rejecting Walmart's assertion that it acted appropriately.

Fonseca's lawyer, deRubertis, said the company was involved in a scheme against injured drivers. He said evidence in the trial "showed that Walmart's defamation of Jesse was part of a broader scheme to use false accusations to force injured truckers back to work prematurely or, if not, terminate them so that Walmart can cut down workers' compensation costs."

Another of Fonseca's attorneys, Mohamed Eldessouky, told CBS News that the verdict sends an important message to the retailer.

"If a company decides to question someone's character and integrity, it must do so carefully and honestly. Walmart should rethink how it treats the hardworking drivers who are the backbone of its business."

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