Following the settlement of the Larry Rice lawsuit, is Carls prohibited from enforcing the non-solicitation/no-hire provisions in existing franchise agreements with Colorado franchisees?
Carls Franchise · 2024 FDDAnswer from 2024 FDD Document
n the first place, and (c) CJR agreed not to enforce the disputed provision in existing agreements with Washington franchisees. The Court granted the parties' stipulated motion to dismiss the case on April 23, 2019.
(3) Larry Rice v. By The Rio, LLC, Carl's Jr. Restaurants LLC, and DOES 1-10, (United States District Court, District of Colorado, Case No 1:19-cv-00129-STV, filed January 15, 2019). On January 15, 2019, Larry Rice, a former employee of a Carl's Jr. franchisee, filed a lawsuit in the federal district court for the District of Colorado. The plaintiff alleged that certain provisions in the applicable franchise agreement between us and our franchisees violate federal and state anti-trust statutes as they allegedly restrict the ability of our franchisees or company-owned stores from soliciting or hiring the employees of other of our franchisees or company-owned stores. The complaint sought to certify a class of franchisee employees in the state of Colorado and recover treble damages stemming from alleged underpayment of wages for current and former employees located in the state of Colorado from July 12, 2014 to present. On or about April 1, 2019, the parties reached an agreement to settle the litigation with the following terms: (a) Defendants will pay Rice $2,500 and attorneys' fees in the aggregate amount of $7,500, (b) CJR will amend its franchise agreements with the Colorado franchisee named in the lawsuit to remove non-solicitati
Source: Item 3 — LITIGATION (FDD pages 21–24)
What This Means (2024 FDD)
According to Carls's 2024 Franchise Disclosure Document, the Larry Rice lawsuit, filed on January 15, 2019, in the United States District Court, District of Colorado, involved allegations that Carls's franchise agreements restricted the ability of franchisees or company-owned stores from soliciting or hiring employees of other franchisees or company-owned stores. The lawsuit sought to certify a class of franchisee employees in Colorado and recover damages for alleged underpayment of wages.
To resolve the litigation, on or about April 1, 2019, Carls agreed to several terms. These included paying Larry Rice $2,500 and attorneys' fees totaling $7,500. More importantly, Carls agreed to amend its franchise agreements with the Colorado franchisee named in the lawsuit to remove non-solicitation/no-hire provisions.
Specifically, Carls also agreed not to enforce the disputed non-solicitation/no-hire provision in existing agreements with Colorado franchisees. The court subsequently granted the parties' motion to dismiss the case on April 23, 2019. This means that Carls is prohibited from enforcing these provisions in Colorado.