Does the Amorino franchise agreement prevent a franchisee from inducing an Amorino employee to leave their employment?
Amorino Franchise · 2025 FDDAnswer from 2025 FDD Document
approved in writing by Amorino, you and, if applicable, such Principal, shall not, either directly or indirectly, for yourselves, or through, on behalf of, or in conjunction with any person, or legal entity:
(1) Divert or attempt to divert any present or prospective customer or supplier of the Franchised Business to any competitor, by direct or indirect inducement or otherwise, or do or perform, directly or indirectly, any other act injurious or prejudicial to the goodwill associated with the Proprietary Marks and the System.
(2) Employ or seek to employ any person who is or has been within the previous 30 days employed by Amorino or an Affiliate of Amorino as a salaried managerial employee, or otherwise directly or indirectly induce such person to leave his or her employment.
Source: Item 22 — CONTRACTS (FDD pages 80–81)
What This Means (2025 FDD)
According to Amorino's 2025 Franchise Disclosure Document, the franchise agreement includes clauses that restrict a franchisee's ability to solicit or employ certain individuals connected to Amorino. Specifically, during the term of the franchisee's ownership, they are prohibited from employing or seeking to employ anyone who is or has been employed by Amorino or its affiliates as a salaried managerial employee within the previous 30 days. This restriction also prevents franchisees from directly or indirectly inducing such individuals to leave their employment.
This non-solicitation clause is designed to protect Amorino's investment in its employees and prevent franchisees from poaching experienced staff who possess valuable knowledge of the Amorino system. The clause specifically targets salaried managerial employees, suggesting that Amorino places a higher value on retaining individuals in leadership positions. The 30-day window adds another layer of protection, preventing franchisees from immediately hiring former Amorino employees who may have recently left the company's employment.
For a prospective Amorino franchisee, this means they must be careful not to actively recruit or hire managerial employees from Amorino or its affiliates, especially those who have been employed within the last month. Violating this clause could potentially lead to legal repercussions or a breach of the franchise agreement. It is important to note that this restriction applies during the term of the franchisee's ownership and is subject to written approval from Amorino, suggesting that exceptions may be possible under certain circumstances.
Furthermore, similar restrictions apply even after the franchise agreement expires or is terminated. For a period of two years after the agreement ends, the franchisee is still prohibited from employing or soliciting individuals who were salaried managerial employees of Amorino or its affiliates within the 30 days preceding their departure. This extended restriction highlights the importance Amorino places on protecting its workforce and proprietary knowledge, even after a franchisee exits the system.