Disclaimer: This article is for informational purposes and does not constitute legal advice.
Detailed Answer
When filing a lost wage claim in Nebraska, it’s essential to name the correct employer entity. Employers often operate under a trade name, or “doing business as” (d/b/a), that differs from their legal name. Nebraska law recognizes the legal entity name for service of process and official claims. Neb. Rev. Stat. §87-602 requires businesses trading under an assumed name to file with the Secretary of State (https://nebraskalegislature.gov/laws/statutes.php?statute=87-602). Failing to use the correct legal name may lead to dismissal or rejection of your claim.
To verify the legal name, search the Nebraska Secretary of State’s business entity database at https://sos.nebraska.gov/business-services/business-entity-search. Confirm the entity type (corporation, LLC, partnership) and the registered agent’s information. If you find a registered d/b/a, note both names.
When completing court pleadings or wage claim forms, list both the legal name and the d/b/a. Example: Acme, LLC, d/b/a Acme Services. This method ensures the claim applies to both the legal entity and its trade name.
If you’ve already filed with only the d/b/a and later learn the legal name, file a motion to amend your complaint or claim under Nebraska Civil Procedure Rule 15. This correction clarifies the corporate identity without starting over.
For wage claims submitted to the Nebraska Department of Labor, include the full legal name and d/b/a on the form. Using the registered agent and address listed in the Secretary of State’s records helps the department process your claim promptly. Service of process on corporations follows Neb. Rev. Stat. §21-203 (https://nebraskalegislature.gov/laws/statutes.php?statute=21-203) and on LLCs follows Neb. Rev. Stat. §21-605 (https://nebraskalegislature.gov/laws/statutes.php?statute=21-605).
Helpful Hints
- Verify the employer’s legal name and status on the Nebraska Secretary of State’s website.
- List both the legal entity name and the d/b/a on all pleadings and wage claim forms.
- Use the registered agent and address shown in the Secretary of State’s records for service of process.
- Confirm the employer has filed an assumed name per Neb. Rev. Stat. §87-602 before relying on a d/b/a.
- If you discover a naming error after filing, file an amendment under Nebraska Civil Procedure Rule 15 without delay.
- Keep copies of all filings and confirmation receipts from the Nebraska Department of Labor.