In Washington, can a Bombs Away franchisee be restricted from soliciting or hiring any employee of a franchisee of the same franchisor?
Bombs_Away Franchise · 2024 FDDAnswer from 2024 FDD Document
RCW 49.62.060 prohibits a franchisor from restricting, restraining, or prohibiting a franchisee from (i) soliciting or hiring any employee of a franchisee of the same franchisor or (ii) soliciting or hiring any employee of the franchisor. As a result, any such provisions contained in the franchise agreement or elsewhere are void and unenforceable in Washington.
Source: Item 23 — RECEIPTS (FDD pages 36–117)
What This Means (2024 FDD)
According to Bombs Away's 2024 Franchise Disclosure Document, Washington state law RCW 49.62.060 prohibits Bombs Away from restricting a franchisee from soliciting or hiring any employee of another Bombs Away franchisee. This means that any clause within the franchise agreement that attempts to prevent a Bombs Away franchisee in Washington from hiring employees of other Bombs Away franchisees is void and unenforceable.
This protection extends specifically to the act of soliciting or hiring. Bombs Away cannot legally enforce any provision that would penalize or prevent a franchisee from recruiting or employing individuals who currently work for another franchisee within the Bombs Away system in Washington.
This addendum ensures that Bombs Away franchisees operating in Washington have the freedom to recruit talent from within the franchise network, promoting competition and potentially improving staffing levels. Franchisees should be aware of this protection and ensure that their franchise agreement does not contain clauses that conflict with this provision of Washington law.