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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5734
Experience:  Exclusively practice labor and employment law.
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I live in MA, and just file a case to Superior court for claim

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I live in MA, and just file a case to Superior court for claim of wrongful termination. The defendant lists include Company X and Company Z, together with Individual a, b, c from Company X, and Individual e, f, g, h from Company Z. When I serve my complains, how do I process ?

Do I need to serve Individual a, b, c separately from Company X (Company X has an attorney appointed). Or one Summons list Company X, a, b, c will serve as a whole?

The Attorney of Company Z said he is not authorized to receive Summons for Company Z and /or its employees. So I will have to serve company Z , e, f, g, h separately, am I right?

Use Sheriff cost a lot if I serve the Summons Separately (9X 60), may I do it by my self or by my relative / friends in state of MA?

Thanks,

Pussled
Hi, thanks for submitting your question today. My name is XXXXX XXXXX I’m happy to assist you with your question today.

The answers to your specific questions are as follows:

Do I need to serve Individual a, b, c separately from Company X (Company X has an attorney appointed). Or one Summons list Company X, a, b, c will serve as a whole? -- Generally you would have to serve them separately. But you could call company X's attorney and see if he/she is representing and will accept service for individuals a, b and c also.

The Attorney of Company Z said he is not authorized to receive Summons for Company Z and /or its employees. So I will have to serve company Z , e, f, g, h separately, am I right? -- Correct.

Use Sheriff cost a lot if I serve the Summons Separately (9X 60), may I do it by my self or by my relative / friends in state of MA? -- No. Unfortunately the Mass Rules of Civil Procedure require the sheriff to serve all process.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, XXXXX XXXXX wish you all the best with this matter.


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Customer: replied 4 years ago.


if the company had laidoff a, b, c , e, g, do you think it will be good by just suing company X and Z? What is the difference to add individual employees in the defendant list?

That’s a tough question to answer not knowing the specific details of your case. You state it was a wrongful termination, which can mean a number of things. Generally it means the employer (or perhaps this is a dual employer situation), terminated the employee in violation of the agreement of a just cause employment relationship. Most often wrongful termination claims are only brought against the employer and not its employees, even if the employees were the ones who made the termination decision(s). But it is impossible to say whether your case somehow merits suing some or all these individuals personally.