Monsey, NY asked in Employment Law for New York

Q: I plan on suing my former employer in supreme court i worked for them in rockland county ny it is a large corporation

With offices in nyc and ma. can i file the law suit in supreme court in rockland countyand could the papers be serve to m'gmt.in the rockland county office

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1 Lawyer Answer
James K. Riley
James K. Riley
Answered
  • Pearl River, NY
  • Licensed in New York

A: This is a very complex and difficult question--much more difficult than a non-lawyer might expect. All big corporations, and many mid-size corporations, use multiple corporate entities and often also use limited liability companies to do business. As a result, the business entities often are stacked like pancakes, or perhaps like onion skins,with one entity owning the building, another entity leasing the building, different entities for different operations, etc. You may actually have to sue more than one entity to get the relief you are seeking. And there are questions about whether a business is actually registered to do business in the state, etc. In many cases, those businesses which have registered with the Secretary of State in Albany list the names of individuals or entities who will accept legal process or service for the entity. In the first instance,if you are suing your former employer for discrimination, harassment, etc., you should check out the names of the entities on your pay checks and pay stubs and on your employee insurance and onyour w-2 tax documents. Do not assume in any instance that serving a boss or local manager will work or be sufficient as legal service of process. The issues of accomplishing service is a challenging one--even for lawyers who do it every day. And if you make a mistake in the service of process, or as to the name of the entity you should be suing, or institute suit or accomplish service at too late a date, you can be out of court. Consult with an attorney--talk to an attorney--immediately,to protect your rights.

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