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

Detailed Answer

When you file a lost wage claim in Mississippi, the Mississippi Department of Employment Security (MDES) requires you to identify your employer by its full legal entity name rather than just a d/b/a name. If the names don’t match MDES records, your claim can be delayed or denied. Follow these steps to resolve discrepancies between a d/b/a and the employer’s registered name:

1. Identify the Employer’s Legal Entity Name

1. Review official documents: Check your W-2, pay stubs and any employer-issued notices. The legal name typically appears on your W-2 form.
2. Search the Secretary of State records: Use the Mississippi SOS Business Entity Search to look up the d/b/a and find the underlying corporate, LLC or partnership name.
3. Verify fictitious name filings: Under Miss. Code Ann. §75-62-1, businesses must register any assumed or fictitious name with the chancery clerk. These filings list the true legal name.

2. Amend or Correct Your Claim

1. Request an amendment: Submit an amended claim form through the MDES claimant portal or by certified mail. Clearly print the employer’s legal entity name as registered.
2. Attach proof of identity: Include copies of your W-2, IRS EIN assignment letter or payroll statements showing the correct legal name.
3. Act quickly: File your amendment as soon as you spot the discrepancy—ideally within 30 days—to minimize processing delays.

3. Appeal a Name-Related Denial

1. Request reconsideration: If MDES denies your claim because the employer name doesn’t match, ask for reconsideration in writing within 15 days of the determination.
2. File an appeal: If reconsideration is unsuccessful, submit an appeal with the MDES Office of Appeals and Hearings. Learn more about the MDES Appeals Process.
3. Present your evidence: At the appeal hearing, provide documentation linking the d/b/a to the legal name, such as the SOS filing or your employer’s EIN confirmation.

Helpful Hints

• Double-check spelling and punctuation: A small typo can prevent MDES from locating the employer record.
• Keep a claim journal: Record dates you submitted forms, amendment requests and follow-up calls.
• Verify EIN: The Employer Identification Number is a unique identifier that stays consistent even if the d/b/a changes.
• Communicate with payroll or HR: They can confirm the entity’s exact legal name and any recent filings.
• Maintain copies of all documents: Store PDFs or certified mail receipts to prove timely filings and submissions.

By confirming the correct legal name of your employer, amending your claim promptly and providing clear documentation, you can avoid unnecessary delays and ensure MDES processes your lost wage claim correctly.