In Washington, what is a Boulder Designs franchisor prohibited from doing regarding a franchisee's employees?
Boulder_Designs Franchise · 2025 FDDAnswer from 2025 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 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 38–44)
What This Means (2025 FDD)
According to Boulder Designs' 2025 Franchise Disclosure Document, in the state of Washington, the franchisor faces certain restrictions regarding a franchisee's employees. Specifically, RCW 49.62.060 prohibits Boulder Designs from restricting, restraining, or prohibiting a franchisee from soliciting or hiring any employee of another Boulder Designs franchisee or any employee of Boulder Designs itself. This means that any provisions in the franchise agreement or other documents that attempt to prevent a franchisee from hiring employees from these sources are considered void and unenforceable in Washington.
This protection for franchisees in Washington is significant because it promotes a free labor market within the Boulder Designs franchise system. Franchisees are not held captive by non-solicitation agreements that would otherwise limit their ability to recruit experienced and qualified staff. This can be particularly beneficial for franchisees looking to expand their operations or improve their workforce.
For a prospective Boulder Designs franchisee in Washington, this regulation offers increased flexibility in staffing their business. They can actively recruit employees from other franchisees or from Boulder Designs corporate, potentially gaining access to individuals already familiar with the Boulder Designs system and operations. This can lead to a more efficient and knowledgeable workforce, contributing to the success of the franchise. However, franchisees should still be mindful of ethical considerations and avoid engaging in practices that could harm the operations of other franchisees or Boulder Designs itself.