Detailed Answer
When you file a lost wage claim with the Texas Workforce Commission (TWC), you must correctly identify your employer. Under Texas Labor Code § 61.051, your claim must include the name and address of the person, firm, corporation or association against whom the claim is made (Tex. Lab. Code § 61.051). A mismatch between your employer’s doing-business-as (D/B/A) name and its legal corporate name can delay or jeopardize your claim. To prevent this:
- Verify the official name. Search the Texas Secretary of State’s SOSDirect database (SOSDirect) to confirm the employer’s legal entity name, filing status and registered agent.
- List both names on your claim form. On TWC Claim Form C-025, enter the D/B/A first and then the legal name in parentheses. For example: Acme Staffing (Acme Holdings, Inc.).
- Attach corroborating evidence. Submit copies of pay stubs, W-2s, invoices, contracts or letterhead that show both the D/B/A and the legal name.
- Amend if necessary. If you discover an error after filing, you may amend your claim at any time before the hearing under Texas Labor Code § 61.056 (Tex. Lab. Code § 61.056). Contact the TWC to submit an amended form and attachments.
- Respond to TWC inquiries promptly. If TWC requests clarification about your employer’s name or identity, reply in writing and include any additional documentation.
Helpful Hints
- File your wage claim within 180 days of the date the wages were due (Tex. Lab. Code § 61.051).
- Use certified mail or a courier service for proof of delivery.
- Keep copies of every form, email and letter you submit.
- Review TWC’s online guides and FAQs at twc.texas.gov.
- Consider consulting an attorney if your employer disputes the claim or if you face complex corporate structures.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.