Is the franchisee solely responsible for the supervision and termination of employees for their Bens Soft Pretzels franchise?

According to the 2025 Bens Soft Pretzels Franchise Disclosure Document, the franchisee is considered an independent business and is responsible for the control and management of their store. This includes the critical functions of hiring and firing employees, as well as setting and paying their wages and benefits. Bens Soft Pretzels Franchising Corporation explicitly states that they have no power, responsibility, or liability in these employment-related matters. This arrangement is typical in franchising, where franchisees operate their businesses independently while adhering to the franchisor's brand standards and operational guidelines.

This delineation of responsibilities has significant implications for a prospective Bens Soft Pretzels franchisee. It means the franchisee has complete autonomy over staffing decisions and employee management. However, it also means they bear the full responsibility for complying with all applicable labor laws and regulations. This includes ensuring fair hiring practices, proper wage administration, and lawful termination procedures. Franchisees must also handle all employee-related issues, such as performance management, conflict resolution, and disciplinary actions.

For a prospective franchisee, this underscores the importance of having strong management skills and a thorough understanding of employment law. They may need to invest in training or seek professional advice to effectively manage their workforce. Additionally, the franchisee should be prepared to handle any legal claims or proceedings arising from their employment practices, as they will be solely responsible for these matters. This independence, while empowering, also carries significant legal and financial responsibilities that franchisees must be prepared to address.

Furthermore, the FDD requires the franchisee to notify Bens Soft Pretzels in writing of any claim, litigation, or proceeding that affects the operation or financial condition of their business or store. This includes any notices of health code violations or other license violations. While the franchisee manages the day-to-day employment matters, maintaining open communication with Bens Soft Pretzels about significant issues is essential for the overall health and stability of the franchise.