Walmart must pay a truck driver $35 million after firing him and accusing him of fraud after an accident
Walmart must pay one of its former truck drivers $35 million after a jury found the retailer falsely accused him of workers’ compensation fraud.
A San Bernardino County jury said in a two-part verdict filed last week that former Walmart driver Jesus “Jesse” Fonseca is owed… $25 million in punitive damages and $9.7 million in actual damageswhich includes losses from lost wages and benefits and non-economic damages, such as emotional distress.
The semi truck Fonseca was driving for the company was involved in a rear-end collision with another truck in 2017, forcing him to file a workers’ compensation claim with a doctor’s order to restrict commercial driving and reduce the lifting of objects. According to lawsuit Walmart filed a lawsuit in 2019, denying Fonseca’s requests to accommodate his injuries with various work tasks. The company later accused him of fraud, saying he had been spotted driving a personal car while injured. The company fired Fonseca while he was on work-related injury leave for an integrity violation for being “willfully dishonest” and made him ineligible for rehire.
“The idea that someone performing day-to-day activities outside the confines of their employment amounts to fraud is unreasonable,” Fonseca’s complaint said. “However, even if an employee inadvertently violates work restrictions, this does not amount to workplace fraud.”
However, Walmart disputed the jury’s ruling, arguing that its actions were lawful. The retail giant said it would seek damages, possibly in the form of damages.
“This egregious ruling simply does not reflect the direct, indisputable facts of this case,” a Walmart spokesperson said. luck In a statement.
Fonseca, who worked for the company for 14 years as a truck driver and mentored other drivers for more than a decade, “lived and breathed Walmart,” according to one report. Share X From David DeRobertis, one of Fonseca’s lawyers.
But after leaving his position at Walmart, Fonseca had little luck finding a new job. Six months after his firing, while he was applying for new jobs, Fonseca had to tell potential employers that Walmart had fired him for “gross misconduct and misconduct” because he had been suspended for fraud, according to the lawsuit. He did not receive job offers from potential employers.
The $35 million payout is a huge payday for Fonseca. according to Job listings On Walmart’s website, regional truck drivers earn up to $110,000 in their first year. Retailer increased their salary for this position in 2022 as the industry I faced a shortage Nearly 80,000 drivers lost due to increased freight demands and challenges caused by the pandemic such as closed driving schools and DMVs, according to the American Trucking Associations. According to Walmart, Average wage Long-haul freight driver pay in 2022 was about $56,000.
Fonseca’s other lawyer, Mohamed El-Desouki, said in A statement to CBS MoneyWatch The ruling “sends a clear message”.
“If a company decides to question someone’s character and integrity, it should do so carefully and honestly,” he said. “Wal-Mart must rethink how it treats the hard-working drivers who form the backbone of its business.”
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