Is Bojangles considered a joint employer of the franchisee's employees or independent contractors according to the franchise agreement?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
The parties agree that Franchisor shall not be deemed a joint employer with Franchisee for any reason.
If Franchisor incurs any cost, expense, loss, or damage as a result of any actions or omissions of Franchisee or Franchisee's employees, including any that relate to any party making a finding of any joint employer status, Franchisee will fully indemnify Franchisor for such cost, expense, loss, or damage.
Franchisee shall take such steps as are necessary to ensure that its employees preserve good customer relations, wear uniforms of such color, design and other specifications as Franchisor may designate from time to time, present a neat and clean appearance, and render competent and courteous service to Restaurant customers.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, the franchise agreement specifies that Bojangles is not considered a joint employer with the franchisee for any reason. This means that franchisees are solely responsible for their employees and independent contractors. Bojangles aims to maintain an arm's-length relationship, avoiding direct liability for the franchisee's staff.
To further protect itself, Bojangles requires franchisees to indemnify them against any costs, expenses, losses, or damages resulting from the actions or omissions of the franchisee or their employees. This includes situations where a party might claim joint employer status. Essentially, if a franchisee's actions lead to a finding that Bojangles is a joint employer, the franchisee must cover all associated costs incurred by Bojangles.
The franchise agreement also stipulates that franchisees must ensure their employees maintain good customer relations, wear designated uniforms, present a neat and clean appearance, and provide competent and courteous service. Franchisees must also adhere to the highest health standards and operate the restaurant in strict conformity with the methods, standards, and specifications prescribed by Bojangles. These requirements are designed to maintain consistent quality and service across all Bojangles locations, but they do not establish a joint employer relationship.