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