For a Bombs Away franchise, is there a limit on who I can hire as an on-premises supervisor?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
- (c) Qualifications.
Bombs Away Franchising may set minimum qualifications for categories of employees employed by Franchisee.
- (d) Sole Responsibility.
Franchisee is solely responsible for the terms and conditions of employment of all of its personnel, including recruiting, hiring, training, scheduling, supervising, compensation, and termination.
Franchisee is solely responsible for all actions of its personnel.
Franchisee and Bombs Away Franchising are not joint employers, and no employee of Franchisee will be an agent or employee of Bombs Away Franchising.
Source: Item 15 — Obligation to Participate in the Actual Operation of the Franchise Business (FDD pages 26–27)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, Bombs Away may set minimum qualifications for categories of employees. However, the franchisee is ultimately responsible for all employment-related decisions.
Specifically, Bombs Away may set minimum qualifications for certain employee categories. This means that while you have the freedom to choose your staff, Bombs Away could require that certain roles, such as on-premises supervisors, meet specific criteria like experience, certifications, or training.
As the franchisee, you retain sole responsibility for all aspects of employment, including recruiting, hiring, training, scheduling, supervising, compensating, and terminating personnel. You are also responsible for the actions of your personnel. Bombs Away is not considered a joint employer, and your employees are not agents or employees of Bombs Away.
To ensure compliance, it's important to consult the Bombs Away manual and any written communications from the franchisor to understand the specific qualifications required for different employee roles. You should also clarify with Bombs Away what qualifications they may require for an on-premises supervisor.