Defendants assert statute of limitations lapsed in suit over unpaid bonuses

ABClean and U.S. Industrial Services are alleging the statute of limitations has lapsed in suit brought by employees alleging they were not paid promised bonuses.

According to the complaint filed May 1 in Jefferson County District Court, the plaintiffs also claim they had money taken from their paychecks for services the company did not render.

Plaintiffs named in the suit include Kenneth Lee Erwin, Calvin Scott Sanders, Glenda King, David Lopez, Harold Ulysses Nellar, Richard Stanley Smith, Roderick Broussard and Carl James Stewart.

The eight plaintiffs allege ABClean had implemented incentive programs, such as a job completion incentive, that promised to pay employees hired between June 2008 through June 2009 a job completion bonus at the end of their work for the company.

On June 21 the defendants filed an original answer, asserting a general denial and maintaining that the statute of limitations lapsed, court records show.

The employees would be paid upon their separation from the company if they were part of a reduction in force or a lay off. However, following their job loss, the plaintiffs were not paid the promised benefits, the suit states. In addition, ABClean charged them for services, such as $5 for a laundry cleaning – that the company did not provide, the suit states.

The plaintiffs allege conversion, breach of contract, fraud and negligence against the defendants, the complaint says.

They seek actual, consequential and exemplary damages, plus penalties, attorney’s fees, court costs, pre- and post-judgment interest and other relief the court deems just.

John Werner of Reaud, Morgan and Quinn in Beaumont represents them.

Attorney Anthony Stergio of the Houston firm Andrews Myers represents the defendants.

Judge Bob Wortham, 58th District Court, is assigned to the case.

Case No. A194-298