What restrictions are placed on Black Bear Diner franchisors regarding nonsolicitation agreements with franchisees in Washington state?
Black_Bear_Diner Franchise · 2025 FDDAnswer from 2025 FDD Document
As a result, any provision contained in the franchise agreement or elsewhere that conflicts with these limitations is void and unenforceable in Washington.
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- Nonsolicitation Agreements. RCW 49.62.060 prohibits a franchisor from restricting, restraining, or prohibiting a franchisee from (i) soliciting or hiring any employee of a franchiseeof 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 — RECEIPT (FDD pages 56–243)
What This Means (2025 FDD)
According to Black Bear Diner's 2025 Franchise Disclosure Document, Washington state law places specific restrictions on nonsolicitation agreements. RCW 49.62.060 prohibits Black Bear Diner from restricting or prohibiting a franchisee from soliciting or hiring any employee of another franchisee within the Black Bear Diner system, or from soliciting or hiring any employee of Black Bear Diner itself.
This means that any clause in the franchise agreement or any other agreement that attempts to prevent a Black Bear Diner franchisee in Washington from hiring employees from other Black Bear Diner locations or from the corporate entity is legally void and unenforceable. This protects the franchisee's ability to recruit and hire qualified staff, fostering a competitive labor market within the franchise system.
Furthermore, the FDD states that any provision conflicting with these limitations is void and unenforceable in Washington. This underscores the importance of franchisees understanding their rights under Washington state law, as the franchise agreement cannot override these protections. Black Bear Diner franchisees in Washington should be aware of these specific legal protections regarding employee solicitation and hiring.