What must a Bb.Q Chicken franchisee do if it is asserted that the franchisor is the employer of their employees?
Bb_Q_Chicken Franchise · 2025 FDDAnswer from 2025 FDD Document
Finally, should it ever be asserted that we are the employer, joint employer or co-employer of any of your employees in any private or government investigation, action, proceeding, arbitration or other setting, you irrevocably agree to assist us in defending said allegation, including (if necessary) appearing at any venue requested by us to testify on our behalf (and, as may be necessary, submitting itself to depositions, other appearances and/or preparing affidavits dismissive of any allegation that we are the employer, joint employer or co-employer of any of your employees).
Source: Item 23 — RECEIPTS (FDD pages 62–283)
What This Means (2025 FDD)
According to Bb.Q Chicken's 2025 Franchise Disclosure Document, the franchisee must assist Bb.Q Chicken in defending against any allegation that Bb.Q Chicken is the employer, joint employer, or co-employer of the franchisee's employees. This assistance includes appearing at any venue requested by Bb.Q Chicken to testify on their behalf. The franchisee may also be required to submit to depositions, other appearances, and/or prepare affidavits to refute any claim that Bb.Q Chicken is the employer of the franchisee's employees.
This requirement underscores the importance of the franchisee's role as the sole and exclusive employer of their staff. The FDD emphasizes that the franchisee is responsible for all aspects of employment, including hiring, scheduling, compensation, benefits, and disciplinary actions. Bb.Q Chicken maintains that it has no direct or indirect control over the essential terms and conditions of the franchisee's employees' employment.
For a prospective franchisee, this means understanding and accepting the full responsibilities of being an employer. It is crucial to maintain clear documentation and practices that demonstrate the franchisee's independent control over employment matters. This provision aims to protect Bb.Q Chicken from potential liabilities related to employment issues at the franchise level.
This type of clause is common in franchise agreements to protect the franchisor from being held liable for the actions of the franchisee's employees. Franchisees should consult with legal counsel to fully understand their obligations and potential liabilities as employers.