Detailed Answer

When you file a lost wage claim in Idaho, naming the correct employer entity is critical. Many businesses operate under a “doing business as” (d/b/a) name, but their legal name may differ. If you list only the d/b/a, the court may not be able to serve the proper party. That can delay your claim or lead to dismissal.

Step 1: Identify the Employer’s Legal Name. Check the Idaho Secretary of State’s business search portal. Search by the d/b/a; the results will show the registered legal entity (e.g., “ABC Delivery, Inc.”) and any assumed business names. If it’s a sole proprietorship, Idaho law requires filing a Certificate of Assumed Business Name under Idaho Code § 48-3602.

Step 2: Draft Your Claim Using Both Names. In your complaint or petition, name the defendant as “[Legal Name], Inc., d/b/a [Trade Name].” For example: John Doe v. ABC Delivery, Inc., d/b/a Speedy Delivery. This ensures proper service. If you cannot find a d/b/a filing, name only the legal entity.

Step 3: Serve the Correct Party. Under the Idaho Rules of Civil Procedure, Rule 4(d)(4) governs service on corporations or associations. Serve the registered agent listed in the Secretary of State’s records. If the business is unincorporated but filed an assumed name certificate, serve the proprietor at the address on file with the county clerk.

Step 4: File with the Industrial Commission (Workers’ Compensation Lost Wages). If your lost wage claim arises from a workplace injury, you must also notify the Idaho Industrial Commission within one year (Idaho Code § 72-701). Use the correct legal entity name—and note the insurer on your Form 2 if the company uses a different name for insurance purposes.

If you misspell or misidentify the employer, the Commission may reject your form or delay your medical and wage-loss benefits until the defendant is properly served.

Disclaimer: This information is educational only and does not constitute legal advice. Consult a licensed Idaho attorney to discuss your specific situation.

Helpful Hints

Check pay stubs, W-2s, or employment agreements for the employer’s legal name.
Use the Idaho Secretary of State’s Business Entity Search to confirm filings.
If the employer has multiple d/b/a, list each one: “XYZ Corp., d/b/a A, d/b/a B.”
For sole proprietors, pull the Certificate of Assumed Business Name from the county recorder’s office.
Keep a copy of your service documents in case the court questions proper service.
Contact the Idaho Industrial Commission claims department if you’re unsure about the filing deadline.