factual

Is a Bombs Away franchisee considered a joint employer with Bombs Away Franchising?

Bombs_Away Franchise · 2024 FDD

Answer from 2024 FDD Document

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.

Within seven days of Bombs Away Franchising's request, Franchisee and each of its employees will sign an acknowledgment form stating that Franchisee alone (and not Bombs Away Franchising) is the employee's sole employer.

Source: Item 22 — CONTRACTS (FDD pages 35–36)

What This Means (2024 FDD)

According to Bombs Away's 2024 Franchise Disclosure Document, Bombs Away Franchising and its franchisees are not considered joint employers. The FDD explicitly states that the franchisee is solely responsible for the terms and conditions of employment of their personnel, including recruiting, hiring, training, scheduling, supervising, compensation, and termination. Franchisees are also solely responsible for all actions of their personnel.

To further clarify this relationship, Bombs Away requires that franchisees and their employees sign an acknowledgment form stating that the franchisee alone, and not Bombs Away Franchising, is the employee's sole employer. This measure is in place to reinforce the independent nature of the franchise operation and to avoid any potential legal issues related to joint employer status.

This arrangement is typical in franchising, where franchisees operate as independent business owners. While Bombs Away Franchising sets certain standards and provides training, the franchisee maintains control over their employees' day-to-day management and employment terms. This division of responsibility is a key aspect of the franchise model, allowing Bombs Away to maintain brand consistency while granting franchisees autonomy in managing their workforce.

Disclaimer: This information is extracted from the 2024 Franchise Disclosure Document and is provided for research purposes only. It does not constitute legal or financial advice. Consult with a franchise attorney before making any investment decisions.