Walmart should pay one in every of its former truck drivers $35 million after a jury discovered the retailer had falsely accused him of staff’ compensation fraud.
A San Bernardino County jury mentioned in a two-part verdict filed final week that former Walmart driver Jesus “Jesse” Fonseca is owed $25 million in punitive damages and $9.7 million in precise damages, which incorporates losses from misplaced wages and advantages and non-economic hurt, corresponding to emotional misery.
The semi-truck Fonseca was driving for the corporate was rear-ended by one other semi-truck in 2017, forcing him to file a staff’ compensation declare with a physician’s order to limit business driving and reduce lifting objects. In keeping with the lawsuit filed in 2019, Walmart denied Fonseca’s requests to accommodate his accidents with completely different work duties. The corporate later accused him of fraud, saying there was surveillance of him driving a private automobile whereas injured. The corporate fired Fonseca whereas he was on work-related harm go away for a breach of integrity in being “deliberately dishonest” and made him ineligible for being rehired.
“The notion that somebody probably performing every day actions exterior of their work restrictions quantities to fraud is preposterous,” Fonseca’s criticism mentioned. “But, even when an worker with work restrictions inadvertently violates them, this doesn’t quantity to fraud within the office.”
Walmart, nonetheless, pushed again in opposition to the jury’s verdict, arguing its actions have been rightful. The retail large mentioned it is going to pursue treatments, probably within the type of damages.
“This outrageous verdict merely doesn’t replicate the easy and uncontested info of this case,” a Walmart spokesperson informed Fortune in a press release.
Fonseca, who labored for the corporate for 14 years as a truck driver and mentored different drivers for over a decade, “lived and breathed Walmart,” in line with an X submit from David deRubertis, one in every of Fonseca’s attorneys.
However after leaving his submit at Walmart, Fonseca had little luck discovering a brand new job. Six months after being terminated and whereas he was making use of to new jobs, Fonseca was compelled to inform potential employers Walmart had fired him for “gross misconduct and integrity” as a result of he was suspended for fraud, in line with the lawsuit. He was not given job presents by these potential employers.
The $35 million in damages is a hefty payday for Fonseca. In keeping with job listings on Walmart’s web site, regional truck drivers make as much as $110,000 of their first 12 months. The retailer boosted its wage for the place in 2022 because the business confronted a scarcity of almost 80,000 drivers as a consequence of elevated freight calls for and pandemic-induced challenges like closed driving colleges and DMVs, in line with the American Trucking Associations. In keeping with Walmart, the common pay of a long-haul freight driver in 2022 was about $56,000.
