What documentation does Benihana require from new employees to verify their employment eligibility?
Benihana Franchise · 2024 FDDAnswer from 2024 FDD Document
e law, is dishonest or misleading to the public, or which may impair the goodwill associated with the Marks or the BENIHANA System.
ARTICLE 16. INDEPENDENT CONTRACTOR
- 16.1 Franchisee acknowledges and agrees that it is an independent contractor and is not an agent, partner, joint venturer, joint employer, or employee of BNC or any affiliate of BNC, and no fiduciary relationship exists between the parties. Franchisee shall be the sole and exclusive employer of its employees with the sole right to hire, discipline, discharge and establish wages, hours benefits, employment policies, and other terms and conditions of employment for it employees without consultation or approval from BNC. BNC shall have no control over the terms and conditions of employment of Franchisee's employees. Franchisee shall have no right to bind or obligate BNC, Benihana, Inc., or Benihana of Tokyo in any way nor shall it represent that it has any right to do so.
- 16.2 In all public records and in Franchisee's relationships with other persons, on stationery, business forms and checks, Franchisee shall indicate independent ownership of the Restaurant and that it operates under a franchise granted by BNC.
Source: Item 22 — CONTRACTS (FDD pages 73–74)
What This Means (2024 FDD)
The 2024 Benihana FDD does not specify the exact documentation required from new employees to verify their employment eligibility. However, it does state that the franchisee is the sole and exclusive employer of its employees, with the right to hire and establish employment policies without needing approval from Benihana.
Benihana franchisees are responsible for ensuring their employees maintain the confidentiality of sensitive information. According to the FDD, franchisees must require their General Manager and any personnel with access to confidential information to sign covenants agreeing to maintain this confidentiality. Franchisees must then provide Benihana with copies of these signed covenants within five days of hiring the relevant employees.
While the FDD outlines the franchisee's responsibilities as an employer and the requirement to maintain confidentiality agreements, it does not detail the specific forms or documents needed to verify an employee's eligibility to work. A prospective franchisee should ask Benihana directly about the required documentation for employment eligibility verification to ensure full compliance with all applicable laws and regulations.