Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Detailed Answer
When you pursue a lost wage claim in Maryland, you must identify your employer by its legal name—not just the trade or d/b/a (“doing business as”) name. Maryland law defines an “employer” as the person or entity responsible for paying wages and imposing work conditions. See Md. Code Ann., Labor & Employment § 3-101 for definitions.
Filing under the correct legal entity ensures the Maryland Department of Labor or a court can properly serve and enforce any award. Under Md. Code Ann., Labor & Employment § 3-501, you may bring an action to recover final compensation (including lost wages) within three years of the date due.
Follow these steps to resolve name discrepancies:
- Review Your Records. Check pay stubs, W-2s, offer letters, or an employment contract. These documents often list the legal name.
- Search Maryland’s Business Express Portal. Use the official entity search at egov.maryland.gov/BusinessExpress/EntitySearch to confirm the employer’s full legal name and entity type (e.g., LLC, Inc.).
- List Both Names. In your claim form or complaint, identify the employer’s legal name followed by the d/b/a. For example: XYZ Consulting, LLC, doing business as ABC Staffing. This practice avoids service or jurisdiction issues.
- Amend if Needed. If you already filed with the wrong name, file an amendment. For wage claims with the Department of Labor, contact the Wage and Hour Division before the statute of limitations expires. If you sued in Maryland district court, file a motion to amend your complaint under Maryland Rule 2-341 to correct the party name.
- Provide Supporting Documents. Attach copies of your pay stubs, employment agreement, and any d/b/a registration certificate to prove the connection between the legal entity and the trade name.
Helpful Hints
- Always verify the employer’s entity type (LLC, corporation, partnership).
- Keep copies of all correspondence, pay stubs, and official filings.
- Note the three-year deadline to file a wage claim under Md. Code Ann., Labor & Employment § 3-501.
- If you can’t locate the legal name online, request it in writing from human resources.
- Consider consulting an employment attorney if you hit roadblocks in naming or serving the employer.