Detailed Answer
When you file a lost wage claim in New Hampshire, naming your employer correctly is crucial. A discrepancy between your employer’s d/b/a and its legal name can delay processing or result in dismissal. Here’s how to ensure you identify the proper party under New Hampshire law.
1. Verify the Employer’s Legal Name
Begin by searching the New Hampshire Department of State corporate registry to confirm the employer’s legal entity. Under RSA 281-A:8, the registry lists all corporations, limited liability companies, and trade names. You can search online at sos.nh.gov Business Search.
2. Use the Legal Name in Your Claim
When drafting your complaint or Department of Labor wage claim, list the employer’s full legal name. If the business operates under a d/b/a, include it parenthetically. For example: ABC Manufacturing LLC (d/b/a XYZ Tools). This practice avoids confusion over the proper party. NH Rule of Civil Procedure 10(a) requires the correct party name in the case caption.
3. Amend Pleadings if Necessary
If you discover a naming error after filing, request leave to file an amended complaint under NH Rule of Civil Procedure 15. NH courts favor amendment to cure misnomers and avoid dismissals based on technical defects.
4. File Your Wage Claim Correctly
For lost wage claims, you may file with the New Hampshire Department of Labor or in small claims court. Under RSA 275:43, a claimant can recover unpaid wages, including lost earnings due to injury. In both forums, ensure you use the verified legal name. Attach a copy of the corporate registry showing the d/b/a, if applicable, to support your filing.
Helpful Hints
- Include both names: Legal Name (d/b/a Trade Name) in the case caption.
- Attach a recent excerpt from the New Hampshire corporate registry to your claim.
- Use the Business Search portal to verify agent and address details.
- Promptly amend your filing if you discover any naming errors.
- Maintain proof of service on the correct legal entity or its registered agent.
Disclaimer
This article provides general information about New Hampshire law. It does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.