Normally you must sue the corporation under its correct name, not a division, not a dba.
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
You really should consult with an employment attorney before you proceed. You may need to file a charge with the US Equal Employment Opportunity Commission or an analogous state agency before you can file a lawsuit. In addition, filing a lawsuit can have significant consequences for you, so you should carefully evaluate your situation before proceeding. Good luck.
My answers to questions posted on AVVO are intended to provide general information only, and are not intended to be legal advice. Employment law issues typically require a careful case-by-case analysis. Consequently, if you feel that you need legal advice, I would encourage you to consult in person with an employment attorney in your area.
You should hire an attorney and let your attorney discern what entity needs to be sued. Why would you risk jeopardizing your case if you make a procedural misstep? Hire a professional. This is why we go to law school for 3 years after 4 years of college.
If this information has been helpful, please indicate below. I hope my information is helpful to you. If you think this post was a good answer, please click the "Good Answer" button below and/or designate my answer as the "BEST ANSWER". Thanks. This is a general response to a question for basic information and is not legal advice. Legal advice can only be given when all of the facts of your situation are discussed with a lawyer, which we have not done.. If you reside outside the State of Texas please understand that the laws may be different from the laws that I may cite in a my comment. This comment is not to be construed as legal advice to your particular situation because there are many factors that influence legal counseling- this is simply a comment. Response to an email does not create an attorney-client relationship between you and the Law Offices of Kevin R. Madison, P.C., nor any of its attorneys. If you send us an e-mail, or call us, and we do not already represent you, neither your e-mail inquiry nor telephone call will create an attorney-client relationship. E-mails cannot necessarily be treated as privileged or confidential. Only entering into a written legal services contract with the Law Offices of Kevin R. Madison, P.C. will create an attorney-client relationship. There is no substitute for one-on-one legal advice and you are urged to meet with an attorney and discuss your case, personally, with an attorney in the state in which you reside or your case occurred. Thank you. Kevin R. Madison. Visit our website at www.kevinmadison.com and www.texassexualharassmentattorney.com. Kevin Madison, Austin, Texas- representing injured persons in motor vehicle collision, truck and motorcucle accidents and representing victims of sexual harassment, sexual assault, sexual abuse, physical assaults, and representing victims of sexual exploitation committed by doctors, therapists, psychologists, psychiatrists, clergy, counselors, priests, and rabbis. Visit our sexual harassment/sexual exploitation blog at http://texassexualharassmentattorney.com/blog/
This is a decision for your attorney to make. It is imperative that you hire able counsel. One misstep can bar your case. Employment cases are filled with land mines that can blow up in your face.
You should sue your "employer", which is the legal entity that directs your work, supervises you and pays you. In order to make the right call you would need to provide additional details and consult an attorney.
This is not intended to be legal advice, but is only for general information. Cantact an attorney in your area for legal advice.
Sue the corporation as a business division/segment is not a distinct entity. Also you can sue the other employee personally for their tort against you.
This is not intended to be giving legal advice and this topic can be a complex area where the advice of an attorney should be obtained.