Is an Amorino franchisee allowed to employ someone who was recently employed by Amorino or an Amorino affiliate?

According to Amorino's 2025 Franchise Disclosure Document, a franchisee faces restrictions on employing individuals recently associated with Amorino or its affiliates. Specifically, during the term of the franchisee's ownership, they are prohibited from employing or seeking to employ anyone who has been employed by Amorino or an affiliate within the previous 30 days as a salaried managerial employee. This restriction also extends to indirectly inducing such a person to leave their employment with Amorino or its affiliates.

This non-solicitation clause is designed to protect Amorino's interests by preventing franchisees from poaching employees who possess valuable knowledge of Amorino's operations, strategies, and confidential information. By restricting the hiring of recent Amorino or affiliate employees, Amorino aims to maintain the stability of its workforce and prevent the dissemination of sensitive information to franchisee-owned businesses.

For a prospective Amorino franchisee, this means they must avoid recruiting or hiring managerial employees who have recently worked for Amorino or its affiliates. Doing so could be a breach of the franchise agreement, potentially leading to legal repercussions or termination of the franchise agreement. Franchisees should ensure their hiring practices comply with this non-solicitation clause to maintain a good standing with Amorino.

This type of restriction is relatively common in franchising to protect the franchisor's investment in training and development of their employees and to prevent unfair competition from franchisees leveraging insider knowledge gained from former employees of the franchisor.