What specific actions are Best Brains prohibited from taking regarding soliciting or hiring employees of franchisees or the franchisor, according to RCW 49.62.060?
Best_Brains 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.
Source: Item 23 — RECEIPTS (FDD pages 42–190)
What This Means (2025 FDD)
According to the 2025 Best Brains Franchise Disclosure Document, RCW 49.62.060 in Washington state prohibits Best Brains from restricting, restraining, or prohibiting a franchisee from soliciting or hiring any employee of another Best Brains franchisee or any employee of Best Brains itself. This means Best Brains cannot enforce any clause in its franchise agreement that would prevent a franchisee from hiring employees from other Best Brains locations or from the corporate office.
This protection ensures franchisees have the freedom to recruit talent without undue interference from Best Brains. It also voids any conflicting provisions in the franchise agreement, safeguarding the franchisee's right to solicit and hire employees from within the Best Brains network.
For a prospective Best Brains franchisee, this is a beneficial provision. It allows them to potentially attract experienced staff from other locations or from Best Brains corporate, which could help improve the quality of their workforce. However, franchisees should be aware that this also means their own employees could be recruited by other franchisees or by Best Brains.