What actions are Burros Fries franchisees required to take regarding criminal background checks for prospective employees?
Burros_Fries Franchise · 2024 FDDAnswer from 2024 FDD Document
Franchisee must not use unethical or illegal tactics to recruit employees. Franchisee shall properly hire Employees per our guidelines and standards (subject to applicable employee protection laws) which include carefully screening Employees by the use of background checks before employing them, to ascertain fitness for employment. Specifically, Franchisee must use its best efforts, including taking every action required by applicable laws related to criminal background checks of persons working in the Business, to ensure that no person is employed who has a record of theft, child molestation or abuse, immoral conduct, drug, alcohol orsubstance abuse; criminal behavior or any other pattern of conduct which might jeopardize the welfare of guests or reflect adversely on our reputation or the System. Franchisee will indemnify us (as described in Section 18) for all claims arising out of or relating to Franchisee's Employees and Franchisee's hiring, firing and discipline decisions regarding Employees including payment of wages, overtime and any applicable benefits, as well as failure of Franchisee to utilize background checks on any potential Employee.
Source: Item 22 — CONTRACTS (FDD page 53)
What This Means (2024 FDD)
According to the 2024 Burros Fries Franchise Disclosure Document, franchisees must carefully screen employees using background checks to determine their fitness for employment. Franchisees are required to use their best efforts, including taking every action required by applicable laws related to criminal background checks, to ensure that no employee has a record of theft, child molestation or abuse, immoral conduct, drug, alcohol or substance abuse, criminal behavior, or any other conduct that might jeopardize the welfare of guests or reflect negatively on Burros Fries' reputation.
This requirement means that a Burros Fries franchisee must be proactive in performing background checks on potential employees and adhere to all relevant laws regarding such checks. The franchisee is responsible for ensuring a safe environment for customers and protecting the Burros Fries brand image. Failure to conduct thorough background checks could lead to legal repercussions and damage to the brand's reputation, for which the franchisee would be liable.
Furthermore, the franchisee is obligated to indemnify Burros Fries for any claims arising from their employees or their hiring, firing, and disciplinary decisions, including any failure to utilize background checks. This underscores the importance of compliance with the franchisor's guidelines and applicable laws. Franchisees should consult with legal counsel to ensure they fully understand their obligations regarding employee screening and background checks to mitigate potential risks and liabilities.