close
close

first Drop

Com TW NOw News 2024

    • Walmart must pay the fired truck driver from Apple Valley million, the jury rules
    news

    Walmart must pay the fired truck driver from Apple Valley $35 million, the jury rules

    Vaseline Posted on

    play

    A San Bernardino County Superior Court jury decided that Walmart must award a former Apple Valley truck driver nearly $35 million after he was fired for alleged workers’ compensation fraud.

    Former Walmart driver Jesus “Jesse” Fonseca will receive $25 million in damages, plus another $9.7 million for future non-economic losses, including enjoyment of life and mental suffering, according to his attorney David deRubertis.

    The jury found that Walmart falsely accused Fonseca of violating its integrity policy based on its ethics statement, his attorney told CBS MoneyWatch.

    Walmart spokesperson Kelly Hellbusch told Newsweek, “This outrageous verdict simply does not reflect the clear and undisputed facts of this case. Accordingly, we will pursue all available legal remedies.”

    Fonseca, whose career lasted 14 years at the Walmart Distribution Center in Apple Valley, was injured in a highway collision in June 2017.

    A semi truck rear-ended Fonseca’s corporate semi, which caught fire, his lawyers alleged in a 2019 lawsuit against Walmart, the Sacramento Bee reported.

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

    Work restrictions for Fonseca changed occasionally, but generally included directions not to push, pull or lift more than 5 to 10 pounds, or to drive commercial vehicles. Although the restrictions were communicated to Walmart leadership, they did not meet Fonseca’s needs, his lawyers argued.

    Fonseca was placed on medical leave and later fired after Walmart officials allegedly surveilled him and discovered he had been driving a personal vehicle, his lawyers said.

    Fonseca understood that he could drive personal vehicles and only drive commercially.

    “Instead of saying to him, ‘Hey, take a minute, let’s talk about this. We want to make sure you follow the rules we tell you to follow.” … They sent private investigators … who kept an eye on him at home. I follow him around town,” deRubertis said.

    While under surveillance, Fonseca was seen driving an RV, his legal counsel said.

    The evidence in the lawsuit “demonstrated 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 cover workers’ compensation costs decrease,” says deRubertis. said.

    Another lawyer for Fonseca, Mohamed Eldessouky of Eldessouky Law, APC, told CBS MoneyWatch that the verdict “sends a clear message.”

    “If a company decides to question someone’s character and integrity, it must do so carefully and fairly,” Eldessouky said. “Walmart needs to rethink how it treats the hard-working drivers who are the backbone of its business.”

    Vaseline
    View all posts

    You Might Also Like