Former Walmart Truck Driver Awarded $34.7 Million in Lawsuit Victory against Employer
ICARO Media Group
### Former Walmart Truck Driver Wins $34.7 Million Lawsuit Over Fraud Accusation
A California jury has awarded Jesus "Jesse" Fonseca, a former Walmart truck driver, $34.7 million in damages after the company accused him of fraud and terminated his employment following a work-related injury.
Fonseca, who dedicated 14 years to driving for Walmart from their Apple Valley distribution center in San Bernardino County, suffered injuries in June 2017 when a semi-truck collided with his Walmart semi-truck from behind on a freeway. The accident, which caused the rear-ending truck to burst into flames, led Fonseca to file a worker's compensation claim and take medical leave.
While on medical leave, Fonseca's doctors ordered him to avoid driving, bending, or stooping. However, he informed Walmart about pre-planned family trips. Instead of discussing the implications of his medical restrictions, Walmart reportedly hired private investigators to surveil Fonseca. He was subsequently observed driving an RV, which Walmart claimed violated their integrity policy. This led to Fonseca's termination for alleged fraud and gross misconduct in March 2018.
Fonseca's federal lawsuit against Walmart in 2019 included claims of defamation and wrongful termination. The lawsuit alleged that Walmart's accusations were false and damaged his ability to secure employment elsewhere. The case was eventually moved to San Bernardino County Superior Court, where a jury ruled decisively in Fonseca’s favor.
The compensation awarded to Fonseca includes $25 million in punitive damages and $9.7 million for future noneconomic losses. Lead attorney David M. deRubertis argued at trial that Walmart's defamation was part of a strategy to coerce injured drivers back to work prematurely or justify their termination to reduce workers' compensation costs.
Walmart, however, disputes the jury’s findings. In a statement provided by the company's global communications manager, Kelly Hellbusch, Walmart described the verdict as "outrageous" and indicated plans to pursue all available legal remedies.
Fonseca, who had been a respected employee praised for his work, was even featured in a national TV commercial for Walmart and an internal promotional video due to his dedication to the company. The trial highlighted Fonseca’s belief that his driving restrictions applied only to commercial vehicles, as he had been driving his personal vehicle to doctor’s appointments.
Attorney Mohamed Eldessouky, who also represented Fonseca, emphasized that the verdict serves as a stark reminder for corporations to handle accusations of integrity violations with care and honesty. "Walmart should rethink how it treats the hardworking drivers who are the backbone of its business," Eldessouky said.