In Washington, what is the effect of provisions in the Augusta Lawn Care franchise agreement that conflict with restrictions on soliciting or hiring employees?
Augusta_Lawn_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
RCW 49.62.060 prohibits a franchisor from restricting, restraining, or prohibiting a franchisee from (i) soliciting or hiring any employee of a franchisee of the same franchisor or (ii) soliciting or hiring any employee of the franchisor. As a result, any such provisions contained in the franchise agreement or elsewhere are void and unenforceable in Washington. The undersigned does hereby acknowledge receipt of this addendum.
Source: Item 23 — RECEIPTS (FDD pages 44–184)
What This Means (2025 FDD)
According to Augusta Lawn Care's 2025 Franchise Disclosure Document, Washington state law RCW 49.62.060 prohibits Augusta Lawn Care from restricting a franchisee from soliciting or hiring any employee of another Augusta Lawn Care franchisee or any employee of Augusta Lawn Care itself. As a result, any provisions in the franchise agreement that conflict with this law are void and unenforceable in Washington. This protection is explicitly outlined in the Washington Addendum to the Franchise Agreement.
This means that an Augusta Lawn Care franchisee in Washington has the freedom to recruit and hire employees from other Augusta Lawn Care franchises or from the franchisor without contractual limitations. This can be a significant advantage for franchisees looking to build their teams with experienced personnel already familiar with the Augusta Lawn Care system.
However, prospective franchisees should be aware that while they can solicit and hire employees, they must still adhere to general labor laws and ethical business practices. It's also important to note that this provision specifically addresses restrictions imposed by the franchisor; it does not negate any obligations an employee may have under separate agreements, such as non-disclosure or confidentiality agreements, with their previous employer.