What responsibilities does a Brightstar Care franchisee have regarding the hiring and firing of agency staff?
Brightstar_Care Franchise · 2025 FDDAnswer from 2025 FDD Document
tions 680-695.
- The following language is added as Section 6.18 of the Franchise Agreement:
Franchisee's responsibilities under New York Law are in no way lessened by entering into the Franchise Agreement. Notwithstanding any provision to the contrary in the Franchise Agreement, Franchisee retains:
- (i) ongoing responsibility and full legal authority over the operation and management of the Agency;
- (ii) ongoing responsibility for compliance with all statutory and regulatory requirements;
- (iii) authority to hire or fire Agency staff;
- (iv) control of the Agency's books and records;
- (v) authority over the disposition of assets and the authority to incur liabilities on behalf of the Agency.
By entering into the Franchise Agreement, Franchisee has agreed to adopt and utilize the policies and procedures Franchisor has developed. Notwithstanding the foregoing, Franchisee retains the right and authority to adopt, amend, enforce, and implement policies and procedures regarding the operation of
Source: Item 17 — RENEWAL, TERMINATION, TRANSFER AND DISPUTE RESOLUTION (FDD pages 81–92)
What This Means (2025 FDD)
According to Brightstar Care's 2025 Franchise Disclosure Document, franchisees in New York retain specific authority over agency staff. Regardless of any conflicting provisions in the franchise agreement, a Brightstar Care franchisee in New York maintains the authority to hire and fire agency staff. This ensures the franchisee has control over personnel decisions within their agency.
This provision is highlighted due to New York state law, and Brightstar Care franchisees must adhere to all statutory and regulatory requirements. The franchisee also retains ongoing responsibility and full legal authority over the operation and management of the agency, control of the agency's books and records, and authority over the disposition of assets and the authority to incur liabilities on behalf of the agency.
Brightstar Care franchisees in New York also retain the right to independently adopt, amend, enforce, and implement policies and procedures regarding the operation of the agency to ensure the provision of quality home care services and compliance with all applicable statutes and regulations. This ensures that while franchisees agree to adopt and utilize Brightstar's policies and procedures, they can also tailor them to meet specific local requirements and maintain quality standards.