A California jury has awarded $34.7 million in damages to a former Walmart truck driver after discovering the corporate 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, in accordance with certainly one of his legal professionals, David deRubertis.
Fonseca, who labored at Walmart’s Apple Valley distribution middle in San Bernardino County for 14 years, alleged that the corporate defamed him by claiming he violated its integrity coverage by driving a leisure automobile whereas on medical go away after a office harm.
In a press release to Newsweek, Walmart spokesperson Kelly Hellbusch mentioned, “This outrageous verdict merely doesn’t replicate the easy and uncontested info of this case. Accordingly, we’ll pursue all accessible cures.”
Sundry Pictures/Getty Photos
The previous worker, who had acquired awards and management recognition throughout his tenure, filed a lawsuit in 2019, claiming he was positioned on medical go away after a truck collision in June 2017.
Weeks after the harm, he knowledgeable his employer about his actions whereas on go away, together with an RV journey and a cruise.
Walmart’s third-party staff’ compensation directors investigated Fonseca, videotaped him driving an RV, and decided no additional motion was warranted, his attorneys mentioned.
Regardless of the investigation’s consequence, Walmart’s ethics division concluded Fonseca had dedicated gross misconduct and fired him, citing violations of its integrity code, in accordance with Fonseca’s lawsuit.
In Fonesca’s grievance, he mentioned, “To this date, [the] plaintiff’s supervisor can not consider that plaintiff was terminated as a result of he was such an exemplary worker,” and mentioned, “Plaintiff went from a frontrunner to a fraud for an organization who he dedicated 14 years of his life to, all as a result of he was injured and wanted to be accommodated.”
The jury’s findings centered on Fonseca’s defamation declare, rejecting Walmart’s assertion that it acted appropriately.
Fonseca’s lawyer, deRubertis, mentioned the corporate was concerned in a scheme towards injured drivers. He mentioned proof within the trial “confirmed that Walmart’s defamation of Jesse was a part of a broader scheme to make use of false accusations to pressure injured truckers again to work prematurely or, if not, terminate them in order that Walmart can minimize down staff’ compensation prices.”
One other of Fonseca’s attorneys, Mohamed Eldessouky, advised CBS Information that the decision sends an vital message to the retailer.
“If an organization decides to query somebody’s character and integrity, it should accomplish that fastidiously and actually. Walmart ought to rethink the way it treats the hardworking drivers who’re the spine of its enterprise.”
