In Washington state, is Bojangles prohibited from restricting a franchisee from soliciting or hiring any employee of another Bojangles franchisee?
Bojangles Franchise · 2025 FDDAnswer from 2025 FDD Document
- 8. RCW 49.62.060 prohibits Franchisor from restricting, restraining, or prohibiting Franchisee from (i) soliciting or hiring any employee of a franchisee of Franchisor or (ii) soliciting or hiring any employee of Franchisor. As a result, any such provisions contained in the Franchise Agreement or elsewhere are void and unenforceable in Washington.
Source: Item 22 — CONTRACTS (FDD page 82)
What This Means (2025 FDD)
According to Bojangles's 2025 Franchise Disclosure Document, specifically an addendum to the franchise agreement for Washington State, Bojangles is prohibited from restricting a franchisee from soliciting or hiring any employee of another Bojangles franchisee. This protection is due to RCW 49.62.060, a Washington state law. Any provisions in the franchise agreement that conflict with this are considered void and unenforceable in Washington. This also applies to restricting the franchisee from soliciting or hiring any employee of Bojangles itself.
For a prospective franchisee in Washington, this means that Bojangles cannot prevent them from actively recruiting or hiring employees who currently work for other Bojangles franchisees or for the franchisor. This can be a significant advantage in securing experienced staff familiar with the Bojangles system.
However, it is important for the franchisee to understand the implications of this law fully. While Bojangles cannot enforce a restriction, it does not prevent other franchisees' employees from choosing to stay with their current employer. Additionally, franchisees should be aware of any ethical considerations or potential damage to relationships with other franchisees that could arise from actively soliciting their employees.