Employsure Complaints

"The wolf of wall street" -  6 February 2019

"Employsure reminds me a lot of the wolf of wall street."

"Dodgy, deceiving sales tactics are encouraged".

"Business owners are mislead with a lot of false information".

Sales consultants "pretend to be affiliated with fair work to trick the business into signing up."

Source: Former employee https://www.glassdoor.com.au/Reviews/Employee-Review-Employsure-RVW24578929.htm

Customer Complaint: "Absolutely Disgusted"  - 5 Feb 2019

Absolutely disgusted in the acts of employsure. You get passed around and around the company with the promise they will get back to you and months go by. No one seems to have any authority or actually know anything about the company.I feel they have taken advantage of Ill Health and would not recommend to anyone!

Source: Danielle Haddad (https://trstp.lt/AEcXMu)

ACCC Taking Employsure To Court

The Australian Competition and Consumer Commission (ACCC) is taking Employsure to court over misleading advertising and unconscionable conduct allegations.

Employsure In Court Over Misleading Advertising And Deceptive Conduct Allegations

The ACCC alleges that Employsure engaged in the misleading conduct, in breach of the Australian Consumer Law, through its use of Google Ads campaigns and on its websites between January 2016 and November 2018.

Employsure's websites also prominently advertised call centre phone numbers for a 'Helpline' that provides free advice.

"The ACCC alleges that Employsure targeted small businesses who were seeking the free workplace relations helpline operated by the Government. Its primary objective was to sign these businesses up to long-term contracts with on-going fees," ACCC Commissioner Sarah Court said.

The ACCC also alleges that Employsure engaged in unconscionable conduct towards four small businesses between August 2015 and June 2018.

These small businesses contacted Employsure's call centre after searching Google for the Fair Work Ombudsman or a related government agency. The individuals believed they were speaking with someone from, or associated with, a government agency and agreed to a meeting with Employsure's staff on this basis.

During these meetings, the ACCC alleges that Employsure's staff emphasised the risks faced by the individuals including the possibility of fines or being sued by employees, in order to convince them that its services were necessary, pressuring the individuals to sign up to long-term contracts for a significant fee.

The ACCC also alleges that during the period November 2016 to at least October 2018, Employsure's contracts contained unfair terms, including terms that made it difficult for small businesses to exit the long term contracts.

The ACCC is seeking declarations, pecuniary penalties, injunctions, consumer redress orders for the four small businesses, corrective publication and compliance orders, and costs.

Source:  ACCC media release:Employsure in court over misleading advertising and unconscionable conduct allegations

Small Business Complaint: "Beware of this Company" - 17 December 2018

Set up my business from an existing business and they failed to give me proper advice or information which resulted in costing me thousands of dollars in compensation. Also, their charges are far too high. I have heard of other small business's actually going under because of their contract terms."

Source: Lauren (https://trstp.lt/iXNdrL)

Fair Work Ombudsman Taking Action Against Employsure

The Fair Work Ombudsman (FWO) has finally responded to complaints about Employsure. More than two years after employers started making claims about misleading and deceptive practices by the company: Read our related blog.

Source: Fair Work Ombudsman Media Release

Customer Complaint: "Incredibly Unfair" - 5 December 2018

"Buyer beware

As a small Business owner with 2 employees and a few subcontracters from time to time, I got public liability and income protection through an online company back in 2015. The day after I started getting hounded with calls from employsure everyday for 2 weeks until I agreed that they could meet with me to discuss my situation and that I needed their service (don't know how they got my number). From the time I met with their saleman they had sunk their teeth in.

I was told they were aligned with fair work ombudsman and that I was breaking the law with my current contracts in place and employing sub contractors without legal contracts in place and that I needed their service. This all came as a shock to me as I'm quite diligent and like to follow the rules. I was hesitant to sign but once again hounded daily to meet again with the salesman and that I needed to sign to protect myself and my family from losing everything. As a 25 year old at the time, not knowing anything about employment law I trusted them and was made to think I was in a really bad situation and was breaking the law. Feeling a lot of pressure. 18 months later I no longer employed anyone and was no longer working in that field. During that 12 months did not use employsure once, not an email or a phone call relating to anything regarding the services they provide.

After realising on the 18th month that I should probably cancel this now. To my surprise I was not able to terminate my contract without making a very large payout, they then didn't respond when I sent them the information they demanded to consider a smaller payout, so I had to follow up after over a month.

Having already paid over $7,000 to date for absolutely no service I thought this incredibly unfair. They then offered a still sizeable payout which was stated as "generous" in an email with an offer expiry date and bank details AND included this little stipulation.

"Payment of the early termination fee will result in cancellation of your Contract for Services. As further consideration for the payment and cancellation of the Contract for Services, both parties agree that they will not directly or indirectly, communicate in any format, including on social media platforms, any comments that might reasonably be construed as derogatory or critical or negative towards the other party".

Since beginning the journey of trying to terminate my contract which has lasted over 10 months, I've paid over $2400 to them, and they still want more. I have No employees, Haven't for almost 18 months now, and they still demand and take from me the monthly fee,

I work 6 hours per month just to pay them to do nothing. And they want a payout that will take me a full 40 hours of work to make up. Just for them to stop them taking more money from me. Its crippling but according to them I have no other choice.

I don't have enough money to pay them out, and soon I won't have enough money to pay the monthly fee. Then it goes against my credit rating and my history is tarnished. Astonishing that such a big company can do this to one man

But here I am, Still trying to solve this dilema, trying to keep my hard earned money. Not being very successful.

Don't be like me, go anywhere else."

Source: Michael James (https://au.trustpilot.com/users/5c079bc0c89b5010b34b61cb

Small Business Complaint - 16 October 2018

"EMPLOYSURE: well you hear about companies like this, the types that prey on small business or anyone they can sink their claws into, but it becomes more personal when it is someone close that they scam out of their hard earned money.

Picture a small suburban hairdresser out Campbelltown (Sydney) way in a small roadside strip of shops. Recently purchased business and with a potential issue with the one part-time employee that came with the business. Nothing had actually happened but there was potential. Along comes Employsure who were contacted for advice. Their answer is to sign up my friend for a five (yes FIVE (5)) year contract at $50 pw (PER WEEK, EVERY WEEK) whilst she was under duress and worried about the business. Do the maths it's $13,000 to get HR advice (and a form or two) on a single part-time employee.

The business is sold a few short months later and life moves on with the $50 pw still being deducted for now zero requirement for support. When moves were made to stop the deductions because the business has now been sold, they requested a pay-out of the contract of $4700. As there were no outstanding amounts owed for services rendered or damages, this would be classed as a penalty fee, which is illegal (look up Employsure's recent embarrassing experience in the high court regards contract penalties. Yes the same people who determined this was enforceable are the ones who will be giving you legal HR advice). As the $4700 wasn't available, they agreed to accept $3000 which was to be paid or legal action would be pursued by them to recover.

After we found out about this terrible business behaviour, we attempted to negotiate the return of the $3000 as it was acquired by very deceptive means with applied duress and the courts have already determined their contract penalty fee has no validity. In fact they were fined for enforcing it recently. They initially agreed to refund the money but have since refused, claiming they have a legitimate right to the money.

Fair to say, steer very clear of companies and people that act in this manner. Do the maths, take the weekly fee they want to charge you, put it in your own bank account and pay for HR services if and when required at the time. And then in five years take a free holiday with the money you have saved."

Rob McGowan 16 October 2018 (Source: https://au.trustpilot.com/users/5bab1d8a4de5666d340ac655)

Small Business Complaint - 9 October 2018

"The worst company we ever deal with.

After wrong represantation on fair work ombudsman last year(i heard fair work already took action about that after a lot of complaints from the public) my wife was looking for a few answers about staff e.t.c

She arranged a meeting with a representative from employsure and under false pretentions she signed a 5 year contract.

When we realised the contract was for 5 years and not for 3 as my wife believe until then it took calls and calls and emails until we came in an arrangement to end the contract immediately with a last small payment.

After few days they send us the last invoice,that was paid the same day,so the next day we received an email with the confirmation of cancelation of contract.

After 6 months we got the business credit report from veda and a big shock,we have a default from employsure for the last invoice that paid the same exact day.

Thats all honestly what happened and we have all the conversations and emails which prove the truth of all the above.

Please avoid this company,they are scammers and they dont really help with anything,once i called to ask something and the representative didnt even know what to answer."

Chris 9 October 2018 (Source: https://au.trustpilot.com/users/5bbcc7fd4de5666d3465441f)

Small Business Complaint - 1 August 2018

"BEWARE OF THIS PLACE! DO NOT SIGN ANYTHING!!! JUST GOOGLE THEM AND READ THEIR BAD PRESS!! The whole company is a massive scam.

I googled the fairwork ombudsman for advice and landed on their webpage.

Thinking I was calling a free government sponsored service for small business advice, I happened to end up talking to someone from this company.Once I realised, I tried to terminate the conversation yet the guy preceded to argue with me that I was indebted to them for taking up their time and that I should consider signing up to their services.

They have since been hounding my mobile number to get me to commit to a service they offer, even going as far as calling the shop I own and aggressively tried to get me to enter into a contract. When I told him to stop calling me and that it was inappropriate he hung up!

BE VERY WARY, THEY ARE AN AGGRESSIVE AND NASTY SHAM!"

Tess Bind 1 August 2018 (Source: https://au.trustpilot.com/users/5b6146364de5666d34e72495)

Small Business Complaint - 9 July 2018

"My partner signed up for their services:

They sent her an email to fire all her staff;

They sent a representative that decided that a mirror was better on the back of his Ute going to his home;

When the incident of the mirror was reported, they decided it was in jest and said in confidence: so they justified that when you feel uncomfortable and violated it is ok because it was in jest and in confidence;

Nobody will tell you that the case worker that is put on the employment agreement is sick: so responses are delayed... and then he states that it was wrong to wait until the next day to report the mirror incident.

You can terminate your employees but not their employment .

They give terrible HR advice"

Timothy 9 July 2018 (Source: https://au.trustpilot.com/users/5b4319cf4de5666d34db3c94)

Small Business Complaint - 5 July 2018

"Be very careful with their misleading advertisements towards small businesses

The first bit of Employsure is great (after the three weeks wait for an interview) but apart from that its sh *t.

I have had to correct them on the wages numerous times (4-5) and I am still not confident.

They provide you with advice on what is the least risky for them even if it costs you an arm and a leg, they also back track on this if you ask them about it and start to provide more useful info after that.

Either way I have refused to pay them further as they haven't kept to their misleading contract. Do not sign something that's not quite right even if the BDM is saying it's okay it actually means this..."

Barefoot Turs 5 July 2018 (Source: https://au.trustpilot.com/users/5b3dc8204de5666d34f6a03f)

Supreme Court Rules Against Employsure  - 25 June 2018

The NSW Supreme Court has ruled that Employsure cannot enforce a contract that locked an employer into a five-year deal for employment services. It also ordered Employsure to pay its customer's legal costs.

The court noted that, under the contract, Zintix would be required, immediately upon breach of clause (c), to face "a penalty of paying out the entire balance of unpaid monies". It further noted that the clause operated regardless of whether the breach was substantial or trivial; whether it was early or late in the term of the contract; and that the plaintiff was unable to exit the contract. "The purpose of the clause is plainly to coerce performance of the contract by the plaintiff," the court said. It then ruled that clause (c) is a penalty clause and is therefore unenforceable. It ruled in favour of Zintix, which means the importer will not have to pay the claimed monies, and ruled that Employsure would be ordered to pay its customer's legal costs.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/nsw/NSWSC/2018/924.html

Small Business Employsure Complaint - 3 October 2017

"I was signed up to this company 3 years ago by the manager of the store at the time. She has since said she wanted support and that Employsure was linked to Fair Work. Apparently they are not but insinuate they are and that they will represent the company for any fair work issue. This we found does not occur and they send template documents that you have to fill out. The charges are excessive for this. The company sends emails regularly from employsure (that are therefore deleted instead of read as usually information not needed by us as a small company with less than 10 employees of which all are part time or casual and most 4 hours work only and much like spam). I did not realise I had such an issue with employsure until I rung to cancel as not worth while financially. It was then I was told by employsure they have rolled my contract over (with no knowledge by me) until 2020!! They said this was done via email. They have said I cannot get out of this contract that was rolled over. I received no invoice, no phone call, no letter giving me an opportunity to stop this. Apparently just an email that was like all the spam emails and therefore ignored and unopened. I have since found via internet research that many think Employsure is a scam - trying to impersonate that they are an arm of Fair Work and giving you no option to leave without paying a four figure penalty payment. I hope you can help and help small businesses like mine - a small one shop chocolate shop - not get hoodwinked into roll over contracts and allowing businesses like this making us believe they are associated with a government backed body like fair work." - Rebecca, Small Business Owner NSW, 3 October 2017

Small Business Complaint - 2 August 2017

"Worst idea i have EVER MADE !!!! if you have taken the time too read this review as a possible canidate for this scam!!!!

i was interested ..... i did chat to a PUSHY!!!!! untrustworthy !!! money driven rep, that will tell you wat you want to hear to get a sale.. my buisness was subject to a rep that lied about our salary cap to push his commision i exspect .

Their was no follow up on wat to do and how it works , we were dumped witha hefty bill & no confidence wat so ever , proven when they failed to resolve this issue normally.

Please don't waist your hard money an be a victim too , like my company."

Bryan Hart 2 August 2017 (Source: https://au.trustpilot.com/users/597ed17c0000ff000ab58272)

Workplace Express Article About Employsure Complaints - 6 July 2017

An FWO spokesperson told Workplace Express today that the watchdog does "not consider" matters concerning Employsure to be resolved "or we wouldn't have issued the statement that we did". 6 July 2017.

Financial Review Article About Employsure Complaints

Financial Review News About Employsure 4 July 2017

Read more

Small Business Complaint - 16 December 2016

"As a small business I have been neglected and lied to.

I will never recommend Employsure to anyone. Very disappointing. They are very money hungry without providing any service as described. Never tried to fix the issue and just continued lie and threaten to damage my name unless I pay up for nothing!"

Tanya Carman 16 December 2016 (Source: https://au.trustpilot.com/users/585471c60000ff000a629ba2)

Employsure Complaints on Reverse Australia:

● "Dodgy practices and when speaking to my friends they have found there actually service to be below par. Watch out for these guys."

● "He went to Employsure for help as he was insured with them and got NO response from them." Friend of a labour hire operator who was penalised $102,000 - June 2017

● "I have just been contacted by Employsure. They implied they were somehow affiliated with FWO and were offering free help. This made no sense to me. However, I can understand that a small business with a different situation could easily fall for this. They have poor practice and ethics." Jo, Lismore - October 2016

● "Employsure, high pressure sales, trying to extract money for workplace 'help'. They do everything possible to sign you up including lie about my employee contacting them for assistance, when in fact they cold-called my business a week earlier to find out who the decision maker is, then make a follow up call to me with lies. BEWARE, dodgy practices from a company I would never want to be involved with."  John, Redback - 4 June 2016

● "They approached us and wanted to charge us 7% of our payroll to protect us from unfair dismissal claims but we have never had one. Ridiculous. Stay away. There are much better ways to get contract HR services and ones that look after everything from recruitment through to Workers Compensation management." Steve, Glebe - 11 May 2016

● "Employsure pretend to be part of Fair Work and to provide free advice. This is a ruse to reel in unsuspecting business owners who typically do not have dedicated HR support. Once signed up the service received for the monthly fee is less than what you would get if you used the Fair work information line. Beware of this rip off mob."  Jackie, Ivanhoe Australia - 19 June 2016

● "Made out that they were part of the Fair Work Commission Australia, upon further investigation i found out they are a private business pretending to be part of the Ombudsman. Made comments that they were going to audit me if i didn't sign up with them." Gareth North Sydney 

● "This company is a scam please review the contract before sign the contract" - Employer, Noble Park - 6 October 2014

Employsure complaints on Bookkeepers Support Group Australia

● "A number of bookkeepers have been talking about Employsure and using them for HR. One of my clients signed up… they were very happy to come out. Now it is a different matter. They are signed in for 3 years and need to give 12 months notification to get out of the contract. By accident I found that they are not using the current award. The response from Employsure is laughable. As a BAS agent I cannot knowingly be involved in an illegal activity. For the $12k + my client is paying them they will not make a site visit. They will not put anything in writing and will only do a phone conference. Unfortunately Employsure are not taking any responsibility for this."

Employsure complaints on  Just Answer Australian Law:

● "I was pressured into signing the contract on the day of meeting by the sales rep and feel i didn't fully understand the extent to which i am now facing, as to cancel this contract they want a payout of $4500 or to continue the service i do not require, a payment of $6900 over 5 years. As i have no employees $4500 payment for zero service seems unfair."

● "The `further term` is buried in fine print..like it is not that important... when in FACT it is a KEY term that had you been made aware of it, and explained what it meant.. there is very little chance you would have actually proceeded to sign the contract." James, Brisbane Lawyer

Employsure employee complaints on Glassdoor.com.au:

● "The only benefit of my experience at Employsure is that it has taught me what not to look for in a position."

● "For a company dedicated to ensuring small to medium enterprises are compliant with employment relations, Employsure does not hold itself to the same standards, nor does it follow its own best practice standards."

● They are more interested in turnover/output than ensuring the advice is correct and right for its clients"

● "Young company which has only been around for 3-3,5 years. Nothing is established. Very young and unprofessional people work there. The culture is very KPI-focussed and if you don't deliver you get sacked!"

Article about Employsure on Australia Business Lawyers and Advisors:

● "Employsure, not so sure about proper basis for dismissal due to incapacity":  Read more

Other Employsure Complaints

● "We too were told that they were part of Fair Work and we were also told that we had 24/7 access to speak to someone about employment related issues, that if we signed up to a long contract that we could get out at anytime we would just need to pay a slightly higher rate per month. When we tried to cancel the contract they would not respond to our emails or requests and dragged it out for weeks on end until we stopped payment on their account. Finally after a very long period of time and them trying to sell us more of their product they stated that we could not cancel our contract. Time went by and email and phone calls came through threatening action against us. We passed it onto our accountant and they demanded that we pay them nearly $10,000 on top of the money we had already paid them. They even suggested that we sell our house to pay them. They are bullies and are out to destroy small businesses." Joy, VIC January 2016

Review of Employsure Employment Contracts:

● "OMG - I just took a look - did you read the termination clause?  For starters, you can't just fire someone for being bankrupt and for half the reasons listed, you can't just fire them with no notice. And as to 18.1(g), that's plain discrimination.. and try doing it and the employer would lose the contest!  Truly I am gobsmacked...  it is no wonder ### is confused.  I feel for the poor employees however, trying to get their heads around such a contract." - Robin, Qualified employment law expert with over 20 years experience, December 2016

● These are the worst contracts I've ever seen.' - Michelle, Qualified lawyer and employment law expert, December 2016

Make an official complaint:

ACCC Small Business Helpline

Phone: 1300 302 021

https://www.accc.gov.au/contact-us/contact-the-accc

NSW Fair Trading

Call 13 32 20

www.fairtrading.nsw.gov.au

VIC Consumer Affairs

Call 1300 55 81 81

www.consumer.vic.gov.au/businesses/fair-trading

QLD Fair Trading

Call 13 74 68

www.qld.gov.au/law/fair-trading

SA Consumer and Business Services

Phone: 131 882

www.cbs.sa.gov.au

Or contact the relevent fair trading body in your state or territory.

Write to the Minister for Small Business

1. Go to: http://mfm.ministers.treasury.gov.au/contact/

2. Click 'Treasury Ministerial Correspondence form'

3. Type in your full name and postal address

4. In the field where it asks 'Minister you wish to contact' select 'Minister for Small Business' in the drop down menu

5. Hit 'Submit'