Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
When filing a lost wage claim in Connecticut, it’s crucial to name the correct legal entity. If your employer operates under a “doing business as” (d/b/a) name that differs from its registered corporate or LLC name, follow these steps to avoid dismissal for misidentification:
1. Confirm the Employer’s Legal Name
Visit the Connecticut Secretary of the State’s business search portal (concord-sots.ct.gov) to identify the exact registered name. For corporations, you may see something like ABC Foods, Inc.; for LLCs, XYZ Services, LLC.
2. Check the D/B/A Registration
Connecticut law requires businesses using an assumed name to file a certificate under Conn. Gen. Stat. § 33-412 (cga.ct.gov/chap_601.htm#sec_33-412). Confirm that the d/b/a is properly registered and note the registration number.
3. Use Both Names in Your Claim
In your complaint or demand letter, list both names: for example, XYZ Services, LLC, d/b/a Daily Eats. This clarifies that you are claiming against the correct legal entity. Courts interpret Conn. Gen. Stat. § 31-71a (cga.ct.gov/chap_558.htm#sec_31-71a) to allow recovery from any “employer,” defined broadly as the registered business entity.
4. Amend if Needed
If you already filed and later discover a name mismatch, file an amendment or corrected complaint as permitted under the Connecticut Practice Book § 10-60 (jud.ct.gov/PracticeBook). Include a cover letter explaining the change and attach proof of registration.
5. Use Discovery to Verify Identity
Serve interrogatories or a request for production seeking payroll records, tax filings, or corporate documents to confirm the proper name. If the employer resists, file a motion to compel under Conn. Practice Bk. § 13-14.
Helpful Hints
- Always check the Secretary of the State’s registry before drafting your claim.
- Include both the legal entity name and the d/b/a on all legal documents.
- Keep copies of certificate filings for your records.
- Amend your complaint promptly to avoid missed deadlines.
- Use clear headings in your complaint to distinguish between names.
- Consult CT Practice Book rules for formatting and amendment procedures.