 |
|
For Immediate Release: |
Contact: |
| December 4, 2007 |
Chrissy Pearson |
|
Kristin Milam |
|
(919) 733-5238 |
| |
| Professional Employer Organization Determined to be
Insolvent |
| License Denial Could Affect Approximately 3,000
North Carolina Employees |
| |
| RALEIGH -- Insurance Commissioner Jim Long today
announced a decision in the licensure case of the Castleton Group, Inc., a professional
employer organization based in Raleigh. The Department, in dispute with Castleton since
mid-2005, has repeatedly denied Castleton's application due to its hazardous financial
condition. Now those financials have dipped to the point of insolvency, the hearing officer
in the case ruled. |
| |
| Department officials say all 89 of Castleton's client
companies, including approximately 3,000 employees, could be affected by this ruling. The
decision comes as many client companies see a flurry of end-of-year activity, including
processing holiday pay checks and preparing W-2 tax forms. |
| |
| "We want Castleton's client companies to be fully aware of
this decision so they can review their situations," said Commissioner Long. |
| |
| Professional employer organizations, or PEOs, are also known
as employee leasing agencies. They provide employees to other companies through contract
agreements. These contracted employees provide human resource services for the client
companies, typically handling payroll, taxes, and/or benefit management. PEOs are licensed
by the Department of Insurance under a law passed in 2005. |
| |
| Castleton Group has never been licensed under the 2005 law;
however, that law allowed Castleton Group to keep operating pending the resolution of the
licensing dispute. |
| |
| The decision from the hearing officer in this case determined
that the Castleton Group's liabilities exceed its assets by some $6 million. In addition,
evidence showed that the company's former chief financial officer admitted to filing false
federal payroll tax reports, resulting in an estimated $8 million in unpaid federal payroll
taxes. |
| |
| The Department recommends that any client companies of
Castleton Group immediately review their human resources needs in light of this decision.
Companies that choose to seek services from a new PEO have 90 licensed organizations in
North Carolina from which to choose. A list of licensed PEOs can be found
at this Web site. |
| |
| Castleton Group has filed an appeal with the Superior Court
of Wake County, and has been granted a temporary stay of the license denial pending a full
hearing on the merits of the stay motion that has been scheduled for Dec. 11. |
| |
| Castleton Group Order |
| |
| -- NCDOI -- |
| |