In Washington, is Deka Lash allowed to restrict a franchisee from soliciting or hiring employees of other franchisees or the franchisor?
Deka_Lash Franchise · 2024 FDDAnswer from 2024 FDD Document
RCW 49.62.060 prohibits a franchisor from restricting, restraining, or prohibiting a franchisee from (i) soliciting or hiring any employee of a franchisee of the same franchisor or (ii) soliciting or hiring any employee of the franchisor. As a result, any such provisions contained in the franchise agreement or elsewhere are void and unenforceable in Washington.
Source: Item 23 — RECEIPT (FDD pages 63–234)
What This Means (2024 FDD)
According to the 2024 Deka Lash Franchise Disclosure Document, Deka Lash is prohibited from restricting a franchisee in Washington from soliciting or hiring employees of other Deka Lash franchisees or employees of Deka Lash itself. This protection is explicitly stated in the Washington addendum to the franchise agreement.
This means that a Deka Lash franchisee in Washington has the freedom to recruit and hire employees from other Deka Lash locations or from the franchisor's corporate staff without facing legal repercussions from Deka Lash. This can be a significant advantage for franchisees looking to build a skilled and experienced team, as they are not limited by non-solicitation clauses that might otherwise restrict their hiring options.
This provision is based on Washington state law (RCW 49.62.060), which aims to promote employee mobility and competition within the labor market. Any conflicting terms within the franchise agreement that attempt to restrict a franchisee's ability to solicit or hire are considered void and unenforceable in Washington. Therefore, prospective franchisees in Washington should be aware of this legal protection and exercise their rights accordingly.