San Bernardino, Calif. – A former Walmart truck driver, who claimed he was unfairly fired while on medical leave, has won a substantial legal victory. A San Bernardino County jury awarded Jesus “Jesse” Fonseca $34.7 million, finding that Walmart falsely accused him of fraud after he suffered injuries in a job-related accident.
Fonseca, a 14-year veteran at Walmart’s Apple Valley Distribution Center, sustained injuries when his truck was rear-ended by another vehicle. Following the incident, he submitted a workers’ compensation claim, only to be dismissed from his position after being accused by the company of fraudulent activities.
The legal battle highlighted several claims against Walmart, including disability discrimination, failure to accommodate, and wrongful termination, among others, under the Fair Employment and Housing Act and the California Family Rights Act. Fonseca’s legal team argued that Walmart’s actions were part of an alleged strategy to terminate injured workers to reduce workers’ compensation expenses.
David deRubertis, Fonseca’s lead trial attorney, expressed hopes that the ruling would spur corporate policy changes at Walmart’s headquarters in Bentonville.
The jury’s verdict included $25 million in punitive damages and $9.7 million for Fonseca’s emotional distress and loss of life enjoyment. Reacting to the verdict, Walmart indicated plans to pursue all available legal remedies, criticizing the jury’s decision as not reflective of the actual case facts.
Post-accident, Fonseca was regularly checked by a doctor to adjust his work limitations, which included severe restrictions on physical activities but indicated that he could undertake alternative, less physically demanding roles. Despite these recommendations, Walmart allegedly failed to make necessary accommodations. Fonseca’s requests for different assignments or desk duties were reportedly denied.
Moreover, the situation escalated when Walmart purportedly hired a private investigator to track Fonseca. This investigator recorded Fonseca engaging in activities that seemed to contradict his stated physical limitations, such as driving and bending, during family trips he had informed Walmart about beforehand.
These findings led to a confrontation in January 2018, during which Walmart executives accused Fonseca of fraud and subsequently terminated him for alleged gross misconduct in March 2018. Efforts to appeal his dismissal were unproductive, with higher-level executives refusing further communication.
The impact of this termination on Fonseca’s career was significant. He faced challenges in securing new employment as he had to disclose his dismissal under suspicions of fraud during job applications.
The jury’s decision marks a significant stance on employee rights and corporate responsibilities, especially concerning workers’ compensation and employment laws. It underscores the potential repercussions for corporations that might seek to circumvent these laws to curtail costs at the expense of employee welfare.
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