Detailed Answer
When you file a lost wage claim in Indiana, you rely on the Indiana Wage Payment Statute—Indiana Code §22-2-9-2 (IC 22-2-9-2). That statute requires employers to pay earned wages promptly. A mismatch between an employer’s “doing business as” name (d/b/a) and its legal name can lead to a defective complaint and potential dismissal.
First, confirm the employer’s legal name by searching the Indiana Secretary of State’s Business Services Division (bsd.sos.in.gov). The legal name is the name under which the entity is registered. The d/b/a appears in business correspondence, invoices, or marketing materials but is not the entity’s formal name.
Next, name the defendant correctly. In your court complaint or wage-claim form, list the legal entity followed by its d/b/a. For example: “XYZ Holdings LLC d/b/a ABC Café.” This approach ensures the court knows both the formal registered party and the trade name under which it operates.
If you already filed and later discover a naming error, you can amend your pleading. Under Indiana Trial Rule 15 (T.R. 15), you may correct misnomers without affecting the substance of your claim. File a motion to amend, attach the corrected complaint, and explain the error.
You may also file a wage complaint with the Indiana Department of Labor under Indiana Code §22-2-9 (IC 22-2-9) or visit in.gov/dol for additional resources and guidance.
Disclaimer: This article provides general information only. It does not constitute legal advice. Consult a qualified attorney for advice tailored to your situation.
Helpful Hints
- Verify the employer’s legal name on the Indiana Secretary of State website before filing.
- Always include both the legal entity name and any d/b/a in legal documents.
- Keep copies of pay stubs, offer letters, and business communications showing both names.
- If you discover a naming error, promptly file a motion to amend under Trial Rule 15.
- Consider contacting the Indiana Department of Labor for free wage-payment assistance.