WorkCompCentral's offices will be closed 12/24 and 12/25 in observance of Christmas. The office will open again 12/26 at 9am. We wish you a warm and joyous holiday and look forward to connecting with you again soon.

Call or email us anytime
(805) 484-0333
Search Guide
Today is Tuesday, December 24, 2024 -

News Articles

Jury Says Walmart Defamed Worker Fired for Violating Restrictions, Awards $34.7M

  • State: California
  • Topic: WEST
  • - Popular with: Legal
  • -  0 shares

A Southern California jury ordered Walmart to pay $34.7 million to a truck driver after finding that the retailer defamed the employee by claiming he violated integrity rules in exceeding medical restrictions from a workplace injury.

The San Bernardino jury awarded Jesus Fonesca $9.7 million in compensatory damages and $25 million in punitive damages, according to reports by the Sacramento Bee and Bloomberg Law.

Fonesca was injured in a vehicle accident in 2017. He was given work restrictions that included no pushing, pulling or lifting more than 5 to 10 pounds and no commercial driving.

Shortly after the accident, Walmart's third-party administrator hired investigators to surveil Fonesca. They reportedly videotaped him driving an RV with his family.

Fonesca said he believed that the restrictions applied only to work and not to time spent at home with his family.

Though Walmart did not pursue criminal charges, the company determined that Fonesca had been dishonest and fired him for violating an integrity provision in the company's code of ethics.

The jury on Tuesday found that Walmart failed to use reasonable care to determine the veracity of statements it made about Fonesca, that it made statements about him with malice, that it never established whether the statements were true and that the statements caused Fonesca actual harm.

Walmart said in an emailed statement that it would "pursue all available remedies" because the "outrageous verdict simply does not reflect the straightforward and uncontested facts of this case."

One Comment (One Reply)

Log in to post a comment

Close


Do not post libelous remarks. You are solely responsible for the postings you input. By posting here you agree to hold harmless and indemnify WorkCompCentral for any damages and actions your post may cause.
Robert Rose Nov 22, 2024 a 9:33 am PST

As the employers continue to leave California at an increasing pace...

James Witkop Nov 23, 2024 a 1:23 pm PST

You aren't kidding. No need to work. Just sue your employer for something.

Advertisements

Upcoming Events

  • Feb 5-7, 2025

    Business Insurance 2025 WORLD

    February 5, 2025 – February 7, 2025. The Business Insurance World Captive Forum, established in 1 …

  • Mar 6-7, 2025

    DWC Opens Registration for 32n

    The California Division of Workers’ Compensation (DWC) is pleased to announce that registration fo …

  • Mar 6 – Feb 7, 2025

    2025 WCRI Issues & Research Co

    The 2025 WCRI Issues & Research Conference is a leading workers' compensation forum bringing toget …

Workers' Compensation Events

Social Media Links


WorkCompCentral
c/o Business Insurance Holdings, Inc.
PO Box 1010
Greenwich, CT 06836
(805) 484-0333