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 file a lost wage claim with the Maine Department of Labor (MDOL), you must identify your employer accurately. Employers often operate under a trade name (“doing business as” or d/b/a) that differs from their registered legal name. Under Maine law, the term “employer” includes the true corporate or individual entity responsible for paying wages (26 M.R.S. § 661(6)(A)).
Follow these steps:
- Verify the Legal Name: Search the Maine Secretary of State’s business registry to find the registered name that corresponds to the d/b/a. You can use the online search tool at Maine Business Services Online.
- Gather Documentation: Collect pay stubs, W-2 forms, employment agreements, or invoices showing both the d/b/a and any legal entity name. These documents help prove which entity owes the wages.
- Complete the MDOL Claim Form: On the MDOL lost wage (wage claim) form, enter the employer’s legal name first, followed by the d/b/a in parentheses. For example: Acme Holdings, Inc. (d/b/a Acme Café). If the form lacks a dedicated field, add a note with both names in the “Additional Information” section.
- Attach Supporting Evidence: Include copies of your documentation that reference both names. This transparency prevents delays if the Department needs to serve notice on the correct entity.
- File Timely: Maine generally requires filing unpaid wage claims within two years of the date the wages were due (26 M.R.S. § 661-A). Late claims may be barred.
- Follow Up: After submission, MDOL will notify the named employer. If they contest the name, you may need to provide your registry search results or amended paperwork.
Helpful Hints
- Always double-check the Secretary of State registry before filing.
- Use consistent naming across all forms and correspondence.
- Send filings via certified mail for proof of delivery.
- Keep a copy of every document you submit.
- If the employer refuses to provide their legal name, note that refusal in writing and attach it to your claim.
- Consider consulting a Maine employment law attorney if the matter is complex or involves large sums.