Walmart accused truck driver of fraud, suit says. Now, it must pay him $35 million
A man who worked as a Walmart truck driver for 14 years had his life turned “upside down” when the company accused him of fraud and fired him following an on-the-job injury, his attorneys told a California jury at trial.
Jesus “Jesse” Fonseca, who worked at Walmart’s Apple Valley distribution center in San Bernardino County, was injured by a semi-truck that had slammed into his Walmart semi-truck from behind during a slow-down on a freeway in June 2017, according to his attorneys.
Fonseca was stopped in his company vehicle when the truck rear-ended him and burst into flames, Beverly Hills trial lawyer David M. deRubertis, Fonseca’s lead attorney, told the jury, according to a provided trial transcript.
Afterward, Fonseca filed a worker’s compensation claim and went on medical leave, according to his attorneys. His doctors ordered that he be restricted from driving, “bending or stooping” at work, deRubertis’ law firm said in a Nov. 20 news release.
When he was out on leave, Fonseca told Walmart that before his injury, he had trips scheduled with his family that he planned to go on, according to his attorneys.
After disclosing these plans, Walmart never warned Fonseca that if he were to drive his personal vehicle outside of work, it might violate the company’s integrity policy, deRubertis said at trial.
“(Walmart) instead sent out private investigators to follow him,” deRubertis told the jury.
“Instead of saying to him, ‘Hey, take a minute, let’s talk about this. We want to make sure you follow the rules that we say you should follow.’ … They sent out private investigators … surveilling him at his home. Following him around town,” deRubertis said.
While under surveillance, Fonseca was seen driving an RV, according to his legal counsel.
Walmart said he committed fraud, an “integrity” violation and fired him, according to his attorneys.
A federal lawsuit Fonseca filed against Walmart in 2019 says these accusations were false and prevented him from getting a job elsewhere.
He sued Walmart on several claims, including defamation and wrongful termination. The case was later remanded to San Bernardino County Superior Court.
Now, a county jury has ruled in Fonseca’s favor, awarding him $34.7 million in damages, the deRubertis Law Firm announced in a Nov. 20 news release.
Walmart must pay him $25 million in punitive damages and $9.7 million for future noneconomic losses, according to the firm.
“We believe the evidence at trial showed that Walmart’s defamation of Jesse was part of a broader 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,” deRubertis said in a statement.
Walmart, in a statement provided to McClatchy News by the company’s global communications manager, Kelly Hellbusch, said “this outrageous verdict simply does not reflect the straightforward and uncontested facts of this case.”
“Accordingly, we will pursue all available remedies,” the statement added.
While an employee, he was ‘the face of Walmart’
Fonseca was often praised for his work as a Walmart employee, was respected by his peers and received multiple awards, according to his lawsuit.
He loved his job and would travel through California and to other states, including Arizona, Utah, Oregon and Nevada, deRubertis told the jury.
Fonseca drove up to 14 hours a day during the week, slept in the truck and returned home to see his family on the weekends, according to deRubertis.
“He was actually at times the face of Walmart,” deRubertis said in court.
Fonseca appeared in a national TV commercial for Walmart about truck driving and also appeared in an internal, promotional video for the company, according to deRubertis.
In January 2018, Fonseca learned that Walmart suspected him of fraud when the company told him they discovered he drove a personal vehicle, according to his lawsuit.
He believed his doctor’s orders only restricted him from driving a commercial vehicle, as he had driven himself to doctor’s appointments in his own vehicle, the lawsuit says.
In March 2018, Walmart fired him for “gross misconduct and integrity,” according to the lawsuit.
“(Fonseca) did not intentionally and knowingly break any rule. He was honest and upfront. He wasn’t hiding or concealing. It wasn’t an integrity violation,” deRubertis said at trial, before the jury ruled in Fonseca’s favor.
Fonseca was also represented by attorney Mohamed Eldessouky of Eldessouky Law APC in Los Angeles.
“This verdict sends a clear message,” Eldessouky said in a statement.
“If a company decides to question someone’s character and integrity, it must do so carefully and honestly. Walmart should rethink how it treats the hardworking drivers who are the backbone of its business.”
Apple Valley is about a 90-mile drive northeast of Los Angeles.
This story was originally published November 21, 2024 at 4:13 PM with the headline "Walmart accused truck driver of fraud, suit says. Now, it must pay him $35 million."
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