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ADP Sues Zenefits for Defamation

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Re: ADP Sues Zenefits for Defamation

#101
The health insurance and benefits industry needs innovation, badly, but as one person said on this thread, don't bite the hand that feeds you. The Hub and Spoke model that Parker often refers to will not work if you are too aggressive with trying to force (your version) of change on these companies you have no choice to work with in some capacity. Disruption is one thing, destruction is another.

There's a lot of focus on Zenefits bombastic personality, and the whole "we're gonna drink your milkshake" rhetoric. That will scare huge incumbents into moving into very defensive positions quickly. Offering to spend $600,000 getting companies to drop ADP in favor of Intuit or another payroll company doesn't help either.

One thing I find curious was that I thought that Zenefits had 10,000+ businesses using the service as of three or four months ago. According to what's been reported, 600 ADP connected business have been cut off, which was stated as being 10% of their total business. That math doesn't back out.

Re: ADP Sues Zenefits for Defamation

#102
post #67
post #60

Earlier quoted context omitted.

Have you ever had an insurance broker before? They're like the same thing but without the easy software.

Your local insurance salesperson probably has less bargaining power than Zenefits, so your rates with them could be higher.

For small businesses, Zenefits and other brokers offer almost exactly the same rates, which are the list rates of the insurance companies. The negotiation only comes in to play with larger companies (currently 50+ employees, next year it will be 100+, I think). For us, Zenefits seemed slightly more expensive, but it is hard to tell since they didn't give us good comparison data based on employee ages and coverage.

If you want to leverage the large company rates as a small company, you need to explore the PEO model, which Zenefits does not support, but ADP does (and several others).

Re: ADP Sues Zenefits for Defamation

#103

We're a very small company (10 FTEs), but we have been anything but impressed with Zenefits as a customer. We only use them for medical and dental insurance, but in reality, they provide very little, if any value. The Zenefits software is really nothing special, and in fact, the onboarding UI is pretty poor. Now that we have our insurance, Zenefits adds zero value to us. We deal directly with United and Zenefits coll…

> Zenefits doesn't have any intrinsic rights to ADP's system. Zenefits doesn't want or need intrinsic rights to the ADP system. They do need (and deserve) the same level of access as a human working for a client using ADP. They might provide little to no value or be a worthless company but NONE OF THAT MATTERS. The client paid for ADP access and has every right to use whatever means they deem necessary to input or ou…

>The client paid for ADP access and has every right to use whatever means they deem necessary to input or output data from the ADP system.

Surely ADP has a superseding right to determine how information enters and leaves their system? I'm not suggesting that's good or bad, just pointing out that it's their system, being a customer doesn't give you carte blanche to do whatever you like.

Hell, look at what happened to Aaron Swartz.

Re: ADP Sues Zenefits for Defamation

#104

Earlier quoted context omitted.

Yeah, but DannyBee's post explicitly mentions that they'll fail based on 4. "That Zenefits failed to use reasonable care to determine the truth or falsity of the statement(s)". I wanted to know if he knows something factually about what went on other than what's been reported here, because if I were a jury member and the facts were that Zenefits used their customers' login credentials (against ADP's TOS) to access AD…

See the blog post i just posted. In fact, ADP launched a competing products, just as zynamics said they were going to. This is good enough for reasonable care. :) Even if it wasn't, ADP would have to prove that Zynamics didn't bother to do any investigation at all before making the statement (IE not quite negligence, but at least something) This seems "highly unlikely" given the situation.

That's what I was looking for, thanks. The announcement of a competing product looks really bad for ADP; if Zenefits had advance notice of it, I can see why they'd make the moves they made.

Re: ADP Sues Zenefits for Defamation

#105

Earlier quoted context omitted.

I'm curious, do you know something about the facts of this case that hasn't appeared on Hacker News before: https://news.ycombinator.com/item?id=9679312 https://news.ycombinator.com/item?id=9688442 https://news.ycombinator.com/item?id=9686175 It looks like they were asking for users' login credentials to scrape ADP's frontend, and that Zenefits had never talked directly to ADP. The scraping broke when ADP added DOS p…

Zenefits was not sued for TOS violations, they were sued for defamation. The case number is 4:15-cv-02560-DMR You can use PACER to get more info The complaint charges: (1) DEFAMATION; (2) INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC RELATIONS; (3) UNFAIR COMPETITION; (4) FALSE ADVERTISING; (5) LANHAM ACT VIOLATION Everything but the first claim is just dumb.

From the Zenefits CEO in Emails to customers (calling ADP unethical for protecting their customers data):

When you originally set up Zenefits, you created an Zenefits admin user in your ADP RUN payroll account to let Zenefits manage your payroll—set up new employees, manage deductions, remove departing employees—on your behalf.

Yesterday, without your permission, ADP systematically deactivated these accounts—accounts that you set up, in your payroll system, to allow Zenefits to work on your behalf. The reason for this is that ADP believes it can one day build software to compete with Zenefits, and in the meantime they would like to do anything they can to impede Zenefits.

ADP is claiming that they are taking this action for “security” reasons—but this is clearly not true. For years, ADP has let customers add third parties—a bookkeeper or an accounting firm, for example—to their payroll system to manage payroll on a company’s behalf. What Zenefits does is no different. In fact, even today, ADP will let you add a third-party administrator to your payroll system unless they have a Zenefits.com email address.

What’s high-handed about their approach is that Zenefits is still completely compatible with ADP payroll. All they’ve done is make it more inconvenient for you, their customer.

By default, we will start emailing you whenever there are changes that need to be made to your payroll system. We will detail exactly the changes that need to be made, and you can make them yourself in payroll. It’s less convenient this way — and frustrating that ADP has decided to create more work for their own clients in order to attack Zenefits. But beyond this, nothing will interrupt your use of Zenefits.

We are also working on other options for restoring automated payroll. Zenefits’ mission is to make running your business as effortless as possible, and our support team will follow up shortly with additional information on how to resolve this issue.

We think it’s outrageous—and unethical—that ADP is making these changes to your payroll system without your permission, and is creating this complication for you in their attempt to block Zenefits’ service—essentially treating you like a pawn in their corporate chess game.

If you’re as upset with ADP as we are, you can sign this Change.org petition. In addition, if you’re interested in switching from ADP payroll to Intuit Payroll, we’re paying customers $1,000 and helping them to make the switch. We’ll include instructions for this in our follow up communication.

We remain committed to working with ADP to find a solution to make this problem go away for all our mutual clients. In the past, we’ve directed many payroll customers to ADP, because payroll is not a service we provide. We’ve tried contacting them, but so far they have refused to return our calls. If they have any genuine concerns, we are happy to resolve them, but they have yet to express them to us.

Re: ADP Sues Zenefits for Defamation

#106
Two articles on this were at the top of the front page. Since we don't need two, we buried https://news.ycombinator.com/item?id=9693370 as a dupe. That's not entirely fair, since the other link contains Zenefits' response, but anyone who wants to can go read it. Since we have to pick one it seems best to keep the third-party article.

Re: ADP Sues Zenefits for Defamation

#107

Earlier quoted context omitted.

The worst part of that answer was edited out. He had "(n.b. -- we are revoking the questioner's offer to work at Zenefits)." Which is a reasonable thing to do, I guess, if you feel the person isn't all that interested in working for your company, but it isn't all that reasonable to say in a public forum. Edit: Here's a link that has the quote about rescinding the offer: http://www.quora.com/Zenefits-CEO-Rescinds-Job-…

lol I didn't know that. Meh. It's something I would have done myself in the same situation.

Really? I would have kept my mouth shut and not removed doubt about my foolery.

Re: ADP Sues Zenefits for Defamation

#108
post #103

Earlier quoted context omitted.

> Zenefits doesn't have any intrinsic rights to ADP's system. Zenefits doesn't want or need intrinsic rights to the ADP system. They do need (and deserve) the same level of access as a human working for a client using ADP. They might provide little to no value or be a worthless company but NONE OF THAT MATTERS. The client paid for ADP access and has every right to use whatever means they deem necessary to input or ou…

>The client paid for ADP access and has every right to use whatever means they deem necessary to input or output data from the ADP system. Surely ADP has a superseding right to determine how information enters and leaves their system? I'm not suggesting that's good or bad, just pointing out that it's their system, being a customer doesn't give you carte blanche to do whatever you like. Hell, look at what happened to…

What happened to Aaron is a good reason to give them the finger.

Re: ADP Sues Zenefits for Defamation

#109
post #49

Earlier quoted context omitted.

To be fair, the applicant "slammed" Zenefits by saying that having their name on his resume would be less valuable than others when applying FOR A NEW JOB (my emphasis). If an employee applied to work for my business and one of their "concerns" was how our company would appear on their resume (in contrast to another), I would similarly discard their application.

I disagree. I'm not promising someone a job for life and they're not promising to work for me forever. Part of the value I offer them as an employee is what I can do for their career going forward. Sometimes that's a prestigious name, other times it's by giving them better opportunities to grow. It's one thing to say "I want people who want to work here," it's another to discount people who might want one day want to…

Of course nothing lasts forever, however it's somewhat a bad sign to a see an employee actively planning their next move, before they've even accepted an offer. It shows the applicant may be more concerned about career path than they are in doing an excellent job for their current employer. It might be an outdated or romantic view of work, but the ideal situation (employes and ownership working towards a shared goal) is still worth striving for.

Re: ADP Sues Zenefits for Defamation

#110
This case has been tried before, but in a different industry: http://en.wikipedia.org/wiki/MDY_Industries,_LLC_v._Blizzard....

Basically MDY made a bot for world of warcraft. It would play the game for you to earn in-game gold.

Blizzard did not like this and had forbidden it in their ToS (Just like ADP has disallowed certain aspects of what Zenefits does- automated access, etc..)

Blizzard won the case. The main element was 'tortious interference' - MDY was interfering with the relationship between blizzard and its customers. It does not matter if the customer wanted to use the bot or not- MDY was encouraging the user to violate blizzards ToS.

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