Employment Lawyers Can Answer Your Employment Law Questions
ABC opened a new department to provide support for its operations, but chose for whatever reason (perhaps to raise funds) to incorporate it as XYZ. XYZ had no other clients except ABC and was under contract with ABC to provide services. I was hired by XYZ one month before XYZ was dissolved and I was 1 month into my 6 month probation. Who's employee was I, XYZ's which, although dissolved, continued to operate, or ABC's , a company that took over?
We were told by the manager that XYZ has a new owner ABC. Yes, I continued to work for ABC. XYZ phones were answered as ABC, but my checks had XYZ's name on it and I received 1099 from XYZ the first year. The second year I was promoted to ABC and received checks from ABC, with W-2s, then I requested a transfer back to XYZ (still dissolved) and began again receiving checks and W-2s marked XYZ. I found a copy of the state document saying that XYZ was dissolved by proclamation/annulment of authority, they tried to restore XYZ 6 years later, but failed to submit necessary tax documents, XYZ/s status is still marked as "inactive" in NYS corporate documents. XYZ never sold its assets or stopped operating, it continued to operate under the same management.
My lawsuit is for discrimination, during my employment with XYZ and ABC. XYZ says they are not responsible because they were "closed".
Should we employ a joint employers strategy?
When a company is sued after it dissolves does it still legally exists, and for how long, in NYS specifically? Can it hire people under its name and make contracts with other companies? I know a dissolved company can pay penalties and be restored. Is there a prescribed statutory number of years in NYS before a company is considered to be closed for good?
It's been 0 years since XYZ was dissolved and its status it still inactive. Does it mean their license was revoked, do they have to prove that they "closed".
Thank you, XXXXX XXXXX that answered the core of my concern, so should we sue them as joint employers, simultaneous employers, integrated businesses, or something else?
If they decide that I was employed by one of these two companies, would that mean that the other would absolved from their liability?
ABC controlled XYZ operations since XYZ corporate status lapsed,1 month after I was employed by XYZ. Nothing changed in the way these companies operated or interacted with each other since the lapse. The management in both departments stayed the same. The management told us that XYZ is under new ownership, ABC. I am a bit confused. We still sue both as simultaneous employers? Discrimination was present while I worked for both companies. Aren's both of them responsible?
Thank you very much for your expertise.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).