Who is solely responsible for all employment decisions and functions of a Bojangles Restaurant?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
In entering into the Franchise Agreement with us, you will acknowledge and agree that you are solely responsible for all employment decisions and functions of your Restaurant including, without limitation, decisions or actions related to hiring, firing, training, compliance with wage and hour requirements, personnel policies, scheduling benefits, recordkeeping, supervision, and discipline of employees. You will further agree that we will not be deemed a joint employer with you for any reason. If we incur any cost, expense, loss, or damage as a result of any of your actions or omissions or your employees, including any that relate to any party making a finding of any joint employer status, you must fully indemnify us for such cost, expense, loss, or damage.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 53–54)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, as a franchisee, you are solely responsible for all employment decisions and functions within your Bojangles restaurant. This encompasses a wide range of responsibilities, including hiring, firing, training, ensuring compliance with wage and hour laws, setting personnel policies, managing scheduling and benefits, maintaining records, supervising employees, and handling disciplinary actions. This means that Bojangles franchisees have significant autonomy in managing their workforce but also bear the full responsibility for adhering to all applicable employment laws and regulations.
This arrangement also stipulates that Bojangles will not be considered a joint employer with the franchisee for any reason. This is a critical point, as it shields Bojangles from potential liabilities related to the franchisee's employment practices. The franchisee agrees to indemnify Bojangles for any costs, expenses, losses, or damages incurred by Bojangles due to the franchisee's actions, omissions, or those of their employees, including any findings of joint employer status.
Furthermore, the FDD states that Managing Owners, Designated Operators, Restaurant managers, and other Restaurant employees may be required to sign agreements that include non-compete clauses and confidentiality provisions. These agreements aim to protect the Bojangles system and proprietary information. Prospective franchisees should carefully review these obligations and ensure they understand the full scope of their responsibilities as employers within the Bojangles franchise system.