How to Address Employer d/b/a vs. Legal Name Discrepancies in a Michigan Lost Wage Claim

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.

Detailed Answer

When you file a lost wage claim in Michigan—whether in district court, small claims court, or through workers’ compensation—you must identify the correct legal entity that owes you wages. Many businesses operate under a “doing business as” (d/b/a) name that differs from their registered corporate or LLC name. If you name the wrong entity, the court may dismiss your claim or delay your case.

1. Verify the Employer’s Legal Name

• Search the Michigan Department of Licensing and Regulatory Affairs (LARA) business entity database to confirm the registered name and address. (https://www.michigan.gov/lara/business-services/business-entity-search)
• Review the employer’s pay stubs or W-2 forms for the legal name used for tax reporting.

2. Identify All Trade Names

• Check the employer’s website, signage, or contracts for any d/b/a names.
• Note each d/b/a exactly as used in marketing or operations.

3. Drafting Your Claim

• List the legal entity first, for example, “ABC, Inc., d/b/a XYZ Café.”
• If the employer holds multiple DBA registrations, include them all: “ABC, Inc., d/b/a XYZ Café and XYZ Catering.”
• Provide the entity’s registered office address from LARA.

4. Service of Process

Under Michigan law, you serve a corporation at its registered office or on its resident agent. See MCL 600.2512 for civil suits: MCL 600.2512.

5. Amending Your Claim If Needed

• Motions to amend pleadings in district or circuit court allow you to correct party names without dismissing your case. See MCR 2.118: MCR 2.118.
• Timely file an amended complaint and serve the updated document on the correct entity and resident agent.

Helpful Hints

• Always check the Michigan LARA database before filing.
• Retain copies of your pay stubs, offer letters, and any business correspondence showing the employer’s legal name.
• When in doubt, list both the legal entity and the d/b/a.
• File motions to amend early to avoid missed deadlines under Michigan Court Rules.
• Contact the clerk’s office in the appropriate court for guidance on caption formatting.