Can CB Franchising set minimum qualifications for Chocolate Bash franchisee employees?
Chocolate_Bash Franchise · 2024 FDDAnswer from 2024 FDD Document
- (d) Qualifications.
CB Franchising may set minimum qualifications for categories of employees employed by Franchisee.
- (e) Sole Responsibility.
Franchisee is solely responsible for the terms and conditions of employment of all of its personnel, including recruiting, hiring, training, scheduling, supervising, compensation, and termination.
Franchisee is solely responsible for all actions of its personnel.
Franchisee and CB Franchising are not joint employers, and no employee of Franchisee will be an agent or employee of CB Franchising.
Within seven days of CB Franchising's request, Franchisee and each of its employees will sign an acknowledgment form stating that Franchisee alone (and not CB Franchising) is the employee's sole employer.
Franchisee will use its legal name on all documents with its employees and independent contractors, including, but not limited to, employment applications, time cards, pay checks, and employment and independent contractor agreements, and Franchisee will not use the Marks on any of these documents.
- 7.6 Post-Opening Training. CB Franchising may at any time require that the Principal Executive and/or any other employees complete training programs, in any format and in any location determined by CB Franchising.
CB Franchising may charge a reasonable fee for any training programs.
CB Franchising may require Franchisee to provide training programs to its employees.
If a training program is held at a location which requires travel by the Principal Executive or any other employee, then Franchisee shall pay all travel, living and other expenses.
Source: Item 22 — CONTRACTS (FDD pages 38–39)
What This Means (2024 FDD)
According to Chocolate Bash's 2024 Franchise Disclosure Document, CB Franchising has the authority to set minimum qualifications for different categories of employees working for the franchisee. This means that Chocolate Bash can dictate the basic skills, experience, or certifications that employees in specific roles must possess.
However, the franchisee retains sole responsibility for all aspects of employment, including recruiting, hiring, training, scheduling, supervising, compensation, and termination of their personnel. The franchisee is also responsible for the actions of their employees. Chocolate Bash and the franchisee are not considered joint employers, and the franchisee's employees are not agents or employees of Chocolate Bash.
To ensure clarity, Chocolate Bash requires the franchisee and each employee to sign an acknowledgment form confirming that the franchisee is the employee's sole employer, not Chocolate Bash. The franchisee must also use its legal name on all employment-related documents and is prohibited from using Chocolate Bash's trademarks on these documents. This division of responsibility is typical in franchising, where the franchisor sets brand standards but the franchisee manages day-to-day employment matters.
In addition to setting minimum qualifications, Chocolate Bash may also require the Principal Executive or other employees to complete training programs. The franchisee is responsible for covering all travel, living, and other expenses associated with these training programs. This ensures that employees meet Chocolate Bash's standards and are up-to-date with the latest operational procedures.