A San Bernardino County jury found that Walmart wrongfully accused a former truck driver of fraud before terminating him while he was on medical leave, and the corporation was awarded $34.7 million.
Jesus According to court documents released by Fonseca’s lawyers, Jesse Fonseca was injured on the job after a car rear-ended his truck on a highway after 14 years of employment as a truck driver at Walmart’s Apple Valley Distribution Center. Fonseca was accused of fraud and sacked by the employer after he filed a workers’ compensation claim.
In violation of the Fair Employment and Housing Act, Fonseca sued Walmart for disability discrimination, retaliation, failure to prevent discrimination, failure to engage in an interactive process, and failing to accommodate his condition. In addition, he accused the corporation of defamation, harassment in a hostile work environment, wrongful termination, infliction of emotional distress, and interference and retaliation in violation of the California Family Rights Act.
David deRubertis, Fonseca’s lead trial lawyer, said in a statement, “We think the evidence at trial demonstrated that Walmart’s defamation of Jesse was part of a larger 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.” With any luck, this landmark decision will mark the start of Bentonville’s transformation.
In addition to a $9.7 million decision for past and future losses, including emotional pain and diminished enjoyment of life, the jury awarded Fonseca $25 million in punitive damages.
Following the jury’s decision, Walmart officials stated that they will take more action.
Walmart retorted in a statement that this ludicrous decision “just does not reflect the straightforward and uncontested facts of this case.” As a result, we shall seek every remedy at our disposal.
According to the lawsuit, Fonseca filed a workers’ compensation claim after receiving medical attention for his injuries at a hospital. Starting in June 2017, he saw a doctor every few weeks to adjust his work limits.
Fonseca’s job limitations varied from time to time, but in general, he was not allowed to operate commercial vehicles or push, pull, or lift more than five to ten pounds. Walmart executives were informed of the limitations, but according to Fonseca’s attorneys, they did not meet his demands.
According to the lawsuit, Fonseca was put on medical leave the day following the accident, and Walmart failed to look into other jobs he could do. According to the lawsuit, Fonseca wanted to be permitted to conduct desk duty in an office setting and asked to be permitted to undertake modified tasks, but he was denied permission to do so.
According to his attorneys, Fonseca informed Walmart personnel before to his departure that he would be going on two pre-crash family vacations. At the time, Fonseca’s doctors set down limitations that forbade him from driving, bending, or stooping. According to his attorneys, Walmart employed a private investigator who captured Fonseca repeatedly bending and driving an RV while on family vacations.
Walmart officials called Fonseca in January 2018 and spent 20 to 30 minutes questioning him about a fraud report. They informed Fonseca that they had heard a rumor that he had driven a car in contravention of limitations that said he was unable to.
According to the lawsuit, Fonseca told them he thought he could drive for personal purposes and that he didn’t think he had done anything unlawful because the limits barred him from operating commercial cars.
He hadn t talked to anyone at Walmart about the reported fraud again, until an official called him in March 2018 and said Fonseca was accused of fraud and would be fired for gross misconduct and integrity, according to the lawsuit.
Fonseca tried to discuss his termination with Walmart s vice president of transportation, who originally said he d get back to Fonseca that day but later refused to speak with him because he was being represented by workers compensation counsel, the lawsuit said.
According to the lawsuit, Fonseca applied for a number of jobs months after being fired from Walmart in November 2018 and was suspected of committing fraud, but he never heard back.
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