Detailed Answer
When you file a lost wage claim under the Illinois Wage Payment and Collection Act (820 ILCS 115), accuracy in naming your employer is critical. Most state agencies and courts require the legal entity’s official name, not just its d/b/a (“doing business as”) trade name. Using the wrong name can delay your claim or lead to dismissal.
1. Identify the Employer’s Legal Entity
To find the proper legal name:
- Visit the Illinois Secretary of State Business Services website at ilsos.gov/corporatellc.
- Search by the d/b/a name you know. The record will list the full corporate or LLC name and its registered agent.
- Note any suffixes (Inc., LLC, Ltd.) and punctuation to match the record exactly.
2. Complete the Claim Form Correctly
The Illinois Department of Labor (IDOL) lost wage claim form (Form DLC-45) asks for the employer’s name and address. In the “Employer Name” field, enter the full legal name you located. If the employer is known publicly by a d/b/a, add that in parentheses or on a separate line. For example:
Acme Manufacturing, Inc. (d/b/a Acme Widgets)
Providing both names helps the IDOL or court connect the trade name to the formal entity.
3. Reference the Wage Payment Act
The Illinois Wage Payment and Collection Act defines employer obligations, including timely payment of wages and penalties for disparities. See 820 ILCS 115 for full text. Citing the statute section on unpaid wages may strengthen your filing.
4. Amend or Correct an Existing Filing
If you already submitted a claim with the wrong name, you can file an amendment. Contact the IDOL Wage Claim Unit in writing or via email within 30 days of your original submission. Provide the correct legal name, any attached amendment form, and a short explanation. Keep confirmation of your amendment for your records.
Helpful Hints
- Before filing, review your employer’s Articles of Incorporation or formation documents if available.
- Confirm the employer’s registered agent and address in state filings to serve documents properly.
- Attach business search printouts or Secretary of State certificates as exhibits.
- Keep copies of all forms, attachments, and correspondence with IDOL.
- If you’re unsure, request a pre-filing review from the IDOL Wage Claim Unit.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance specific to your situation.