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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I have a age discrimination suit filed against a former

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I have a age discrimination suit filed against a former employer, but was unable to serve the company because they basically went out of business and sold all their customers to another company. It is an LLC company. They were in business when I filed the suit, and I tried to serve them through certified mail, but they wouldn't accept the mail. The comptroller offered to settle with me because he knew of the suit (even though the company was not served), but his settlement was rediculous.
What are my options in terms of recovery? Can I actually site the company that acquired their customers as a second defendant and just server them? Can I name any other defendants such as my former supervisor, the comptroller, etc. Also what are the chances if I win from recovering anything. What would your advice be?
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the other company bought them out, you would have to try to sue the new company as "successor in interest" and prove that the new company is essentially the same company being run and operated by the same people or that the new company bought out the old company and as such is liable for the old company's debts.
If you cannot get the new company to be held to be successor in interest, then I am afraid your chances of recovering anything from the individuals is going to be tough, because even if you do get to serve at least the individual who discriminated against you, they will file bankruptcy and avoid paying anything, but if they did go out of business with the pending lawsuit and the company did not file bankruptcy, then you have a potential at least to get at the former owners personally based on piercing the corporate veil, which is a tough legal process and is going to require you to get a lawyer involved.
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