close
close

first Drop

Com TW NOw News 2024

news

Former Walmart truck driver falsely accused of fraud, awarded $34.7 million by California jury – The Mercury News

A former Walmart truck driver was awarded $34.7 million after a San Bernardino County jury found the company falsely accused him of fraud before firing him while he was on medical leave.

Jesus “Jesse” Fonseca worked as a truck driver for Walmart’s Apple Valley Distribution Center for 14 years before he was injured on the job when another vehicle rear-ended his truck on the highway, according to court documents shared by Fonseca’s attorneys. After Fonseca filed a workers’ compensation claim, the company accused him of fraud and fired him.

Fonseca sued Walmart for disability discrimination, failure to accommodate his disability, failure to engage in an interactive process, retaliation, and failure to prevent discrimination, all in violation of Fair Employment and Housing Act. He also accused the company of interference and retaliation in violation of the California Family Rights Act, as well as hostile work environment harassment, wrongful dismissal, infliction of emotional distress and defamation.

“We believe the evidence at trial showed that Walmart’s defamation of Jesse was part of a broader scheme to use false accusations to force injured truck drivers back to work prematurely or, if not, fire them so that Walmart can reduce workers’ compensation costs.” David deRubertis, Fonseca’s lead attorney, said in a statement. “Hopefully, this historic verdict will be the beginning of change from Bentonville.”

The jury awarded Fonseca $25 million in damages and an additional $9.7 million judgment for future and past losses, including emotional distress and loss of enjoyment of life.

Walmart officials said they would take further action following the jury’s verdict.

“This outrageous verdict simply does not reflect the clear and undisputed facts of this case,” Walmart responded in a statement. “Accordingly, we will pursue all available legal remedies.”

After being treated at a hospital for his injuries, Fonseca filed a workers’ compensation claim and was evaluated by a doctor every few weeks beginning in June 2017 to adjust his work restrictions, the lawsuit said.

Fonseca’s work restrictions changed occasionally, but typically meant he could not push, pull or lift more than five to ten pounds, or drive commercial vehicles. Although the restrictions were communicated to Walmart leadership, they did not meet Fonseca’s needs, his lawyers argued.

The day after the accident, Fonseca was placed on medical leave and Walmart did not explore alternative duties for him to perform, the lawsuit said. Although Fonseca asked to perform modified duties and asked to perform desk duty in an office, he was denied, the lawsuit said.

Before leaving, Fonseca told Walmart officials he would be taking two family trips that were planned before the crash, his lawyers said. Fonseca’s doctors at the time prescribed restrictions, including that he not be allowed to drive, stoop or stoop. His lawyers allege that Walmart hired a private investigator who documented Fonseca driving an RV and bending over several times during family outings.

In January 2018, Walmart officials called Fonseca and questioned him for about 20 to 30 minutes about a report of fraud. They told Fonseca they had heard a report that he had been driving a vehicle despite restrictions stating he could not.

Fonseca told them he did not believe he had done anything wrong because the restrictions prevented him from driving commercial vehicles, and he believed he could drive for personal reasons, the lawsuit said.

He had not spoken to anyone at Walmart about the reported fraud until an official called him in March 2018 and said Fonseca was being accused of fraud and would be fired for “gross misconduct and integrity,” according to the lawsuit.

Fonseca tried to discuss his dismissal with Walmart’s vice president of transportation, who initially said he would return to Fonseca that day, but later declined to talk to him because he was represented by the employment attorney, the lawsuit said.

Months after being fired in November 2018, Fonseca applied for several jobs but didn’t hear back after having to reveal that he had been fired from Walmart and was suspected of committing fraud, the lawsuit said.