Naming the Right Defendant
The name in the caption is the registered legal entity — often not the name on the building, the paycheck or the website.
Why this is its own step
Rule 10(a) requires the complaint's title to name all the parties. The name that goes there is the registered legal entity — which is often not the name on the building, the paycheck, or the website.
The common gap
Large employers frequently operate under a brand name while the actual employing entity is a differently named corporation or LLC, sometimes a subsidiary, sometimes a regional entity. Suing the brand name rather than the registered entity is a routine early problem.
Where the right name lives
Every state maintains a public business-entity search through its secretary of state. That record typically shows the registered legal name, the state of organization, the entity's status, and the registered agent designated to receive legal papers — the same information service requires later.
The EEOC charge is a cross-check
The charge lists the respondent as it was identified during the administrative process. Comparing that against the state registration is a quick way to spot a mismatch.
Individual supervisors
People often want to name the manager who did the thing. Whether individuals can be held liable depends on which statute is involved, and federal courts have addressed this differently across statutes and circuits. It's a legal question rather than a clerical one.
Capacity
Rule 17(b) addresses who can be sued and in what capacity, and for a corporation that's determined by the law of the state where it's organized.
Sources
Fed. R. Civ. P. 10(a), 17(b); state business-entity records.
Red flags to watch for
- The employer name on your paperwork is a brand, not a registered entity
- The respondent on the charge differs from the state registration
- You plan to name a supervisor personally without checking whether the statute allows it
Next up
What You're Asking the Court For
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Start AI screeningSources: EEOC.gov, EEOC Field Manual, and federal employment statutes. Informational only — not legal advice.