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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38794
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Hi, I have a complicated issue with my payroll service provider,

Resolved Question:

Hi,
I have a complicated issue with my payroll service provider, Paychex. In March, I added their human resource service to my account. Since then, I have had a horrible experience. They are not delivering anything that they promised. The service is horrible. The sales person promised a long list of services that are included, such as a non-compete agreement as part of the handbook, as well as on-site visits from my HR specialist to help resolve employee related issues and a dedicated HR specialist that I could call anytime for help with employee issues and situations.
The team of HR people in the NYC office that actually "service" my account tell me that none of the above mentioned services are part of my "HR Solutions" as they call it.
I paid a lot of money. $3100 setup fee and $1200+ per month for the service. They refuse (avoid) to give me the supervisor's contact info so I can escalate my complaint within the company, so I feel I have no other choice but to seek legal counsel.
I don't know if you can help, but I thought I would start here.
THank you,
Vince Smith, Owner
VInce Smith Hair Experience
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question, Vince.

I am sorry that you are having such a horrible experience, and I do believe that I can help. How long has this contract been in force? How have you attempted to obtain some sort of escalation? Do you have a dedicated person or representative who handles 'your' account? Do you know their corporate address or location?
Customer: replied 1 year ago.

Hi Dimitry,


Thank you. I started this contract March 28th, 2013. I have asked the person who sold me the service for the boss of the manager of the HR team. She wouldn't give it. I was persistent. Eventually, she had her boss call me. He promised to get back to me to try to resolve it. 2 weeks went by with no call back.I called in twice during that period. He never returned my call. Today, I spoke to the manager of the HR team. She tried everything to avoid giving me the name and contact info for her boss and boss's boss. She promised to email it to me and I didn't receive anything today. (Cont.)

Expert:  Dimitry K., Esq. replied 1 year ago.

Vincent,

Thank you for your follow-up. Based on your facts it absolutely appears as if you are being given the intentional run-around from office to office with the hope that you would grow tired and just go away, figuratively speaking. But as they have a contractual obligation to you, and you to them, both parties have a duty to perform. If they aren't performing, send a formal letter requesting assurances that they perform the contact you signed based on terms you agreed upon within a set deadline, and if they fail to provide you with written assurances that they would comply, you would would deem them to be in breach of terms.

This creates a potential paper trail and a formal start where you can show that you informed them of defects, you explained your concerns, and you pointed out potential breaches which they ignored, that as a consequence may give you the right to cancel your agreement. You may want an attorney to write this letter for you (attorney letterhead seems to obtain far better results and concerns from the other party), and if they still refuse to do anything, sue for breach of contract and your losses stemming from this agreement.

Hope that helps.

Customer: replied 1 year ago.

They have wasted so much of my time and caused me so much aggravation, I don't want to continue with them. It is not a contract but an agreement which I can get out of with 30 days notice.


 


We have done most of the work on the customized employee handbook which they sent me electronically for approval. The problem is, I have lost all trust in their competence and therefore I will not use the handbook. However, they claim some sort of intellectual property rights over it, because portions of it are "legally reviewed". And it is written in their template, even though I wrote at least half of it while customizing it.


 


They haven't provided any of the other services that were promised. My first HR "specialist" was fired from Paychex for the egregious mis-handling of my account and inappropriate behavior including text messages to me.


 


I want money back... a lot... The handbook was promised after 6-8 weeks. Meanwhile it takes 4-6 weeks to print after it is customized and approved by me, then approved by them. I started with them in late March. Now it's the end of July and I still don't have a handbook nor job descriptions".


 


I am in a bad spot because I opened a 401k plan with them so I could offer my employees some benefits. And now, I don't even want to use their payroll services. I have paid a lot of money and suffered so much aggravation. And it's not fair.


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Vincent, to best assist you I will go line by line with my response to ensure that I do not miss anything.

You posted:

They have wasted so much of my time and caused me so much aggravation, I don't want to continue with them. It is not a contract but an agreement which I can get out of with 30 days notice.

I can understand that, but what I am suggesting is the way to get out of the agreement with the ability to potentially sue for damages and losses, and not just to walk away with all your losses.

 

 

We have done most of the work on the customized employee handbook which they sent me electronically for approval. The problem is, I have lost all trust in their competence and therefore I will not use the handbook. However, they claim some sort of intellectual property rights over it, because portions of it are "legally reviewed". And it is written in their template, even though I wrote at least half of it while customizing it.

If they reserved their right to the template, then the IP rights do revert to them for the template as per the contract (or agreement if you prefer, as the term is interchangeable here) permits them to claim rights over the finished work product even if you substantially worked over it yourself.

 

 

They haven't provided any of the other services that were promised. My first HR "specialist" was fired from Paychex for the egregious mis-handling of my account and inappropriate behavior including text messages to me.

Hence why the letter of assurances was suggested, as that will 'renew' all claims you feel they did not perform, and later potentially allow you to sue for that breach.

 

I want money back... a lot... The handbook was promised after 6-8 weeks. Meanwhile it takes 4-6 weeks to print after it is customized and approved by me, then approved by them. I started with them in late March. Now it's the end of July and I still don't have a handbook nor job descriptions".

You cannot yet sue for breach as you haven't yet laid a foundation that a breach took place, or even better, get them to agree in writing that they are liable. That letter I suggested may be a possible trap for them to admit wrong-doing and then allow you to claim breach and damages on their own admissions.

 

 

I am in a bad spot because I opened a 401k plan with them so I could offer my employees some benefits. And now, I don't even want to use their payroll services. I have paid a lot of money and suffered so much aggravation. And it's not fair.
I can understand that and that is why I was suggesting the approach that I have, it is one of the fastest and most efficient means of obtaining possible liability from them to you, and to then possibly be responsible for you finding an equivalent firm to provide this work for you and take over.

Good luck and please take care. Please let me know if I missed anything with my responses or if you have additional concerns I will be logging off to get some much needed rest but if you have further information and post a reply, the moment I log back online in the morning, I will provide you with a response. Otherwise if satisfied, please do not forget to positively rate my responses to you. Thank you!

Customer: replied 1 year ago.

Thank you Dimitry.


 


Would you be able to write this letter? I am not familiar with the terminology, "letter of assurances" or how to go about asking for one. I guess a business lawyer would know. But mine is very expensive. Any recommendations?

Expert:  Dimitry K., Esq. replied 1 year ago.

Vincent,

My apologies but that would be considered potential 'representation' and something I really cannot provide based on both site rules and state bar requirements. If you are looking for potentially a cheaper attorney, please consider browsing the listings at www.avvo.com and www.martindale.com. Such a letter should potentially cost you no more than $500-$900, and you can even price this out with your attorney, or outright negotiate with him first.

Good luck!

Customer: replied 1 year ago.

I understand. Thank you for the recommendations. I will talk to my attorney. Have a good night's rest. Thanks for the advice. I will follow it.

Expert:  Dimitry K., Esq. replied 1 year ago.

Vincent,

You are most welcome, and glad to help out. Thank you, XXXXX XXXXX satisfied please do not forget to positively rate my work. (As for rest, sorely needed--and hopefully you will obtain your own rest as well).

Good luck.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 38794
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.