During the term of the Amorino Franchise Agreement, can I employ someone who was recently employed by Amorino?

According to Amorino's 2025 Franchise Disclosure Document, during the term of the franchise agreement, franchisees are restricted from employing certain individuals. Specifically, you cannot employ or seek to employ anyone who has been employed by Amorino or an affiliate of Amorino within the previous 30 days as a salaried managerial employee. Additionally, you are prohibited from directly or indirectly inducing such a person to leave their employment.

This restriction is part of a broader non-competition and non-solicitation agreement that Amorino requires. This agreement aims to protect Amorino's interests by preventing franchisees from poaching employees who may have access to confidential information or specialized knowledge that could benefit a competitor. The term "Covenantor" refers to the individual or entity agreeing to these terms, which includes both employees and owners of the franchise.

For a prospective Amorino franchisee, this means you must be careful not to recruit or hire managerial employees from Amorino or its affiliates within 30 days of their departure. Doing so could be a breach of the franchise agreement, potentially leading to penalties or termination of the agreement. This type of clause is relatively common in franchising to protect the franchisor's investment in training and development of their staff and to maintain a stable workforce within the franchise system.

It is important to note that this restriction applies specifically to salaried managerial employees. The FDD does not specify whether this restriction applies to hourly or non-managerial employees. A prospective franchisee should seek clarification from Amorino regarding the specific roles and responsibilities that fall under the definition of "salaried managerial employee" to ensure compliance with the franchise agreement.