The Walmart truck fleet has We’re Hiring Drivers signage on the back of the truck on I-88 road in Franklin Grove, Ill., Monday, Oct. 14, 2024. (AP Photo/Nam Y. Huh)
A jury in California awarded $34.7 million in damages to a former Walmart truck driver who claimed the company defamed him by saying he violated company integrity rules by driving an RV on a family vacation when he was out on medical leave.
After a trial, the San Bernardino jury found that Jesus “Jesse” Fonesca was entitled to $9.7 million in compensatory damages and an additional $25 million in punitive damages Tuesday.
Fonesca, who had worked for Walmart as a truck driver for 14 years, sued the company in 2019. Fonesca claimed in his filing that he had been an exemplary employee, and was even featured in a Walmart national television commercial. Fonesca said that over the course of his employment, he received numerous awards, was a leader in his department, and was involved in multiple hiring and safety committees.
“Additionally, Plaintiff trained drivers and was a mentor for approximately 12 drivers,” the complaint said. “What’s more, Plaintiff was highly respected and admired for his work ethic.”
However, in 2017, Fonesca had been in a vehicle accident when he was rear ended while driving a truck for Walmart. Fonesca was put on workers’ compensation leave and told that he should not be driving the 18-wheeler for 10-14 hours per day as was typical for his employment with Walmart.
Weeks after his accident and while he was on medical leave, Fonseca said he informed his case manager that he was going on an RV camping trip with his family, then on a cruise with his wife a few months later. Walmart’s third-party workers’ compensation administrators investigated Fonesca to determine the validity of his claim, and videotaped him driving the RV.
Fonseca’s lawyers later explained to investigators that Fonesca had always been open with Walmart about his plans and that he believed he was medically restricted from driving commercial, as opposed to recreational, vehicles, and that medical restrictions applied to work, and not to time spent at home and with family.
Investigators chose not to take the matter further, but later, Walmart’s ethics department concluded that Fonesca had been dishonest and fired him for “gross misconduct and integrity” — violations under Walmart’s code of ethics.
In Fonesca’s complaint, he noted, “To this date, Plaintiff’s supervisor cannot believe that Plaintiff was terminated because he was such an exemplary employee,” and said, “Plaintiff went from a leader to a fraud for a company who he committed 14 years of his life to, all because he was injured and needed to be accommodated.”
Fonesca raised a number of claims against his former employer, including defamation, violation of state and federal antidiscrimination and employment laws, and intentional infliction of emotional distress. After a trial jury’s verdict and related damages focused only on the defamation claim.
“This outrageous verdict simply does not reflect the straightforward and uncontested facts of this case,” Walmart said in a an emailed statement to Law&Crime Thursday. “Accordingly, we will pursue all available remedies.”
Counsel for Fonesca did not immediately respond to request for comment.
Have a tip we should know? [email protected]
