Johnson Controls employees living in eight different states plan to join a Wisconsin lawsuit that was filed against the company in January following the introduction of a new sales incentive plan last November.
The new plan eradicated a system of backlog payments that was previously due to Johnson Controls salespeople under a previous version of the plan.
"Since the filing of the amended (Wisconsin) complaint, additional prospective class members have signed on to become named plaintiffs in the case who plan to bring state law claims," according to a motion in the case filed this week.
Those employees reside in Alaska, California, Illinois, Massachusetts, Montana, Nebraska, Ohio and Pennsylvania, according to court documents.
Legal counsel representing the Johnson Controls employees has filed a motion to pause the statute of limitations for filing state claims.
"Notably, some (although not all) of the prospective named plaintiffs have signed documents presented to them by (Johnson Controls) that purport to shorten the statute of limitations for any claim relating to their employment to six months," according to the motion.
In addition to the first lawsuit filed in Wisconsin, Johnson Controls salespeople from
Colorado,
Michigan and
New York have also taken legal action against the company.
The latest class action complaint against Johnson Controls was filed Monday with the Supreme Court of the State of New York.
Linda Riccitelli, an account executive who has been with Johnson Controls for over 30 years, is the named plaintiff in the case, which was filed in Queens County. She alleges she had a backlog of approximately $100,000.
In a previously released statement regarding the legal challenges to its new incentive plan, Johnson Controls said it routinely assesses its practices to “best support” the growth and achievements of its employees.
“We modified our sales incentive program to better align with our company strategy to deliver smart, healthy and more sustainable environments for our customers,” according to the statement. “We will continue to assist our sales organization to ensure a seamless transition to our revised competitive model.”
Legal counsel representing Johnson Controls
filed a motion to dismiss the Wisconsin lawsuit in March. Both parties are still awaiting the court’s decision as to the motion.
