Legal Question in Employment Law in Georgia
Need to file suit against former employer, Registered agent not with company.
I need to file a civil suit against my former employer because he refuses to give me my last commission check. I've sent him emails, fax, and now a certified letter with signature receipt. When I went to the office 3 days ago to ask him for the money, he said he would never give it to me. When I asked him why, he said 'because I don't like you'. So I have little recourse but to file a suit now. Unfortunetly, the registered agent for the company is no longer working there. If the suit is not brought against the correct party/properly listed, then the suit can get tossed out. I need to know what to do, as the Secretary of State office has the company as being Active but in Non-Compliance. They can remain like this for another 5-6 months. My old boss is listed as the CEO/CFO/Secretary on the Incorporation papers. Main question, who do I list in the suit and what person do I have it sent to?
State is Georgia, County is Gwinnett.
2 Answers from Attorneys
Re: Need to file suit against former employer, Registered agent not with company.
Who to include in the lawsuit is complicated question that can only be answered by an attorney who knows all of the facts. Regarding service, if service cannot be made on the registered agent, generally, the CEO can be served, but you should have an attorney assist because it can be tricky.
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The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Re: Need to file suit against former employer, Registered agent not with company.
I agree that you should serve the CEO personally. You should name the employer as a defendant and, possibly, also name the owner(s) of the LLC individually. If the corporation were to be insolvent, you will want another way to collect your judgment. Whether you can hold the individual owner(s) liable is another question. The rules involved are complicated and fact-specific. If you would like to discuss further, please feel free to call me at the number listed in my profile below.
This response is for informational purposes only and does not create an attorney-client relationship.
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