Can I pursue a LTD claim if the company is no longer in business but the parent company is?
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Can I pursue a LTD claim if the company is no longer in business but the parent company is?
I worked at XYZ Company, which closed last year. My last day of service was
judt over a year ago. I was diagnosed with possible MS lesions during my 15 year employment. ABC, who owned XYZ is still in business.
Asked on March 5, 2017 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the parent company is a separate legal entity (e.g. the parent was a corporation or limited liability company [LLC], and your employer was a different corporation or LLC), you cannot do this: they are different "people" in the eyes of the law, and one is not responsible for any obligations or liabilities of the other--the same way that if you were sued (as an adult) but did not or could not pay, the judgment debtor (the one who sued you and won) could not then get the money from your parents; your parents would not be responsible for your debt. Similarly, the parent company, if a separate legal entity, is not responsible for the other company's debts or obligations.
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