Is employee claim against former or current employer?

You have not set forth enough facts to give a thought if it is the liability of the seller, subsequent-purchaser or both. Actually, these type of fact patterns are very heavily litigated. I assume this matter is important to you and want to suggest you obtain a consultation with an attorney experienced in wage and hour, as well as "joint employer" litigation.

Hard to answer without detailed understanding of the facts. Best to find a local attorney to at least consult with. Good luck.

Determining the proper entity to sue is a question that your attorney can assist you with when you locate and retain one. The issue is not that simple. It depends on if and how the prior business was sold. The fictitious business name is not the factor that controls carryover liability. If the prior owner sold the business outright, including all goodwill, employees and obligations of the business, the new owner would be liable for the acts of the old owner. If the old owner simply sold the name and assets of the business to the new owner, the new owner may well have no liability for the wrongful acts of the prior owner. More investigation and evaluation would need to be done to determine the proper target of your suit. At this point you are doing the right thing. Continue your efforts to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney. Good luck to you.

Depends on several factors including LLC's knowledge of the liabilities of the prior business and whether the purchase specifically excluded all liabilities of the prior business, among others. A skillful employment lawyer can walk you through the issues you have experienced at work and go over the possibilities of liability of the new company as well as the prior owner. Many of us employment lawyers on offer free consultations. You can click on the lawyer's profile and use the contact form provided.