Who is responsible for the terms and conditions of employment of personnel at a Chocolate Fish Coffee franchise?
Chocolate_Fish_Coffee Franchise · 2024 FDDAnswer from 2024 FDD Document
- (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 Chocolate Fish Franchising are not joint employers, and no employee of Franchisee will be an agent or employee of Chocolate Fish Franchising. Within seven days of Chocolate Fish Franchising's request, Franchisee and each of its employees will sign an acknowledgment form stating that Franchisee alone (and not Chocolate Fish 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.
Source: Item 23 — RECEIPTS (FDD pages 41–119)
What This Means (2024 FDD)
According to the 2024 Chocolate Fish Coffee Franchise Disclosure Document, the franchisee is solely responsible for the terms and conditions of employment of all personnel. This includes all aspects of employment such as recruiting, hiring, training, scheduling, supervising, compensation, and termination. The franchisee is also solely responsible for all actions of its personnel.
Chocolate Fish Coffee and the franchisee are not considered joint employers, and no employee of the franchisee will be considered an agent or employee of Chocolate Fish Coffee. The franchisee must ensure that all employment-related documents, such as applications, time cards, and agreements, use the franchisee's legal name and do not display Chocolate Fish Coffee's trademarks.
Within seven days of Chocolate Fish Coffee's request, the franchisee and each of its employees will sign an acknowledgment form stating that the franchisee alone (and not Chocolate Fish Coffee) is the employee's sole employer. This reinforces the independent nature of the franchise operation and clarifies the employment relationship.