Who is responsible for the terms and conditions of employment for Bombs Away franchisee personnel?
Bombs_Away Franchise · 2024 FDDAnswer 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.
Franchisee will use its legal name on all documents with its employees and independent contractors, including, but not limited to, employment applications, time cards, pay checks, and employment and independent contractor agreements, and Franchisee will not use the Marks on any of these documents.
Source: Item 22 — CONTRACTS (FDD pages 35–36)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, the franchisee is solely responsible for the terms and conditions of employment for all of its personnel. This includes all aspects of employment such as recruiting, hiring, training, scheduling, supervising, compensation, and termination. Bombs Away Franchising may set minimum qualifications for categories of employees employed by the franchisee, but the franchisee maintains control over employment terms.
This means that as a Bombs Away franchisee, you have complete control over your employees' work environment, pay, and other conditions of employment, subject to any minimum qualifications Bombs Away Franchising may set. You are also responsible for all actions of your personnel. Bombs Away Franchising and the franchisee are not considered joint employers, and the franchisee's employees are not agents or employees of Bombs Away Franchising.
To ensure clarity, Bombs Away Franchising requires that franchisees and their employees sign an acknowledgment form stating that the franchisee alone is the employer. Franchisees must also use their legal name on all employment-related documents and are prohibited from using Bombs Away's trademarks on these documents. This reinforces the separation between the franchisor and the franchisee's employees, clarifying liability and responsibilities.