Detailed Answer

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

Understanding d/b/a vs. Legal Entity Name

Many Tennessee employers operate under a “doing business as” (d/b/a) name that differs from their formal, registered entity name. For example, “Plainview Catering, LLC” may advertise as “Tasty Bites Café.” When you file a lost wage claim, using the correct legal name ensures the court or administrative agency can identify and serve the proper defendant.

Step 1: Identify the Employer’s Legal Name

• Review your pay stubs, offer letter, or W-2 forms—they often list the legal entity.
• Search the Tennessee Secretary of State business database: tnbear.tn.gov.
• Locate the registered entity and note its exact name, entity type (e.g., corporation, LLC), and filing number.

Step 2: Confirm Any Assumed Name Registration

Under Tennessee law, an LLC or corporation using an assumed (d/b/a) name must file an amendment with the Secretary of State. See T.C.A. § 48-19-101 (capitol.tn.gov/legislation/code/48/19/101.html).

Verify that the d/b/a you know is officially registered. If it’s not, the company may be using an unregistered trade name, which you can still challenge but can complicate service.

Step 3: Draft Your Lost Wage Claim Correctly

When naming the defendant in your complaint or administrative claim:

• Use the exact legal entity name, including designator (e.g., “LLC”, “Inc.”).
• Follow with “d/b/a” and the trade name in parentheses or comma-separated format. For example:

Plainview Catering, LLC d/b/a Tasty Bites Café

• This format puts both names on record and helps ensure proper service under Tenn. R. Civ. P. 4.

Step 4: Serve the Correct Entity

Once you’ve named the right defendant, serve its registered agent as listed on the Secretary of State’s website. If you serve the d/b/a alone, the service may be invalid, delaying your case or causing dismissal.

Step 5: Amend if Necessary

If you discover the legal name after filing, you can amend your complaint to correct the party’s name. Tennessee Rule of Civil Procedure 15.01 allows for liberal amendment to ensure cases are decided on the merits, not technicalities.

Helpful Hints

• Always double-check spelling, punctuation and the entity designator (e.g., LLC, Inc.).
• Keep screenshots or printouts of your Secretary of State search results.
• If public records are unclear, call the employer’s HR or legal department for confirmation.
• Attach copies of documents (W-2, pay stub) showing the legal name to your claim.
• Consult an attorney if you face service or jurisdiction challenges.