Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
1. Why the Employer’s Legal Name Matters
When you file a lost wage claim under Virginia’s Wage Payment Act (Code of Virginia § 40.1-57), you must name the correct legal entity. A company’s “doing business as” (d/b/a) name often differs from its registered corporate or LLC name at the Virginia State Corporation Commission (SCC). If you list the d/b/a only, you risk improper service and delayed resolution.
2. How to Identify the Employer’s Registered Name
- Check your pay stubs or offer letter for the employer’s tax identification or legal name.
- Search the SCC’s Business Entity Search portal: https://cis.scc.virginia.gov/Search/Business
- Review the employer’s Articles of Incorporation or Organization on file with SCC, which list any assumed names (d/b/a) per Va. Code § 59.1-69 (link).
3. Naming the Defendant Correctly
On your lost wage claim form, use the entity’s precise corporate/LLC name as listed in SCC records. If the company also uses a d/b/a, add “(d/b/a XYZ Company)” right after the legal name. Example:
Acme Hospitality Group, LLC (d/b/a Sunnyvale Café)
4. Amending a Claim After Filing
If you’ve already filed under the wrong name, Virginia courts generally allow amendment to correct party names. Under the Virginia Rules of Supreme Court, Rule 1:8(a), you can file a motion to amend and substitute the proper legal name. Acting quickly minimizes service issues and potential dismissal.
5. Impact on Enforcement
Proper naming ensures the Commissioner of Labor and Industry or the circuit court can serve your employer effectively. Failure to use the correct name can stall investigations, hearings, or wage attachments under Va. Code § 40.1-57 (link).
Helpful Hints
- Review all employer documents (offer letter, paystubs) for legal names.
- Use the SCC’s Business Entity Search to verify registered names and assumed names.
- List both the legal name and the d/b/a on your claim form to avoid confusion.
- If unsure, contact the SCC clerk’s office or HR for confirmation.
- File your claim promptly—Virginia’s wage claim statute allows only 180 days from the last unpaid wage (Va. Code § 40.1-57).
- If you make a naming error, file an amendment ASAP under Va. R. Sup. Ct. 1:8(a).