A California jury has granted $34.7 million in damages to a former Walmart truck driver who alleged that the company defamed him by accusing him of breaching integrity rules while he was on medical leave for taking an RV trip with his family.
A jury in San Bernardino has awarded Jesus “Jesse” Fonesca $9.7 million in compensatory damages and $25 million in punitive damages following a trial on Tuesday.
Fonesca, a former Walmart truck driver with 14 years of service, filed a lawsuit against the company in 2019. Fonesca stated in his submission that he had been a model employee and was even highlighted in a national television advertisement for Walmart. Fonesca mentioned that throughout his time at the company, he earned several awards, took on a leadership role in his department, and participated in various hiring and safety committees.
The complaint stated, “Furthermore, the Plaintiff provided training and mentorship to around 12 drivers.” “Additionally, the Plaintiff earned great respect and admiration for his strong work ethic.”
In 2017, Fonesca was involved in a vehicle accident after being rear-ended while driving a Walmart truck. Fonesca was placed on workers’ compensation leave and advised against driving the 18-wheeler for the usual 10-14 hours per day associated with his job at Walmart.
After his accident and during his medical leave, Fonseca mentioned to his case manager that he planned to go on an RV camping trip with his family, followed by a cruise with his wife a few months afterward. Walmart’s third-party workers’ compensation administrators looked into Fonesca’s claim and recorded him driving the RV.
Fonseca’s legal team later clarified to investigators that he had consistently communicated with Walmart regarding his intentions and that he believed he was medically prohibited from operating commercial vehicles, as opposed to recreational ones, emphasizing that these medical restrictions pertained to work rather than personal time at home and with family.
Investigators decided not to pursue the issue, but subsequently, Walmart’s ethics department determined that Fonesca had acted dishonestly and terminated his employment for “gross misconduct and integrity” — breaches of Walmart’s code of ethics.
Fonesca expressed in his complaint, “To this date, my supervisor cannot believe that I was terminated because I was such an exemplary employee,” adding, “I went from being a leader to being labeled a fraud by a company to which I dedicated 14 years of my life, all because I was injured and needed accommodations.”
Fonesca made several allegations against his previous employer, such as defamation, breaches of state and federal antidiscrimination and employment regulations, and intentional infliction of emotional distress. A trial jury has reached a verdict, with damages concentrated solely on the defamation claim.
