Are employees hired by a Dryject franchisee considered employees or agents of Dryject?
Dryject Franchise · 2025 FDDAnswer from 2025 FDD Document
You are solely responsible for determining the terms and conditions of employment for all Your employees, for all decisions concerning the hiring, firing and discipline of Your employees, and for all other aspects of labor relations and employment practices.
All employees or agents hired or engaged by or working for You will be only Your employees or agents and will not for any purpose be considered Our employees or agents or the owner of the Marks, nor subject to Our control, and in particular, We will have no authority to exercise control over the hiring or termination of employees, independent contractors, or others who work for You, their compensation, working hours or conditions, or the day-to-day activities of those people, except to the extent necessary to protect the Marks.
It is understood that You will have sole responsibility for Your employees and all acts of Your employees, and all employment-related decisions involving wages, benefits, hours of work, scheduling, hiring, firing, discipline, supervision, record keeping, taxes and other withholding, social security contributions, Medicare contributions, unemployment fund contributions and all other terms and conditions of employment.
You must disclose to each of Your employees in writing, in a form approved by Us in advance, that you are the sole employer with total control over the terms and conditions of your employee's employment and that We are not a "joint employer" of the Franchisee's employees.
You acknowledge that We do not exercise control over or have the authority to control Your employees' (1) Wages, benefits, and other compensation; (2) Hours of work and scheduling; (3) The assignment of duties to be performed; (4) The supervision of the performance of duties; (5) Work rules and directions governing the manner, means, and methods of the performance of duties and the grounds for
discipline; (6) The tenure of employment, including hiring and discharge; and (7) Working conditions related to the safety and health. You will file Your own tax, regulatory and payroll reports with respect to Your employees or agents and operations, saving and indemnifying Us of and from any liability of any nature whatsoever by virtue of it.
Source: Item 8 — BUSINESS RELATIONSHIP (FDD pages 68–229)
What This Means (2025 FDD)
According to Dryject's 2025 Franchise Disclosure Document, employees hired by a Dryject franchisee are considered solely employees or agents of the franchisee, not of Dryject. The franchisee is responsible for all terms and conditions of employment, including hiring, firing, discipline, and labor relations. Dryject explicitly states it has no control over these aspects of the franchisee's employees, except to the extent necessary to protect Dryject's trademarks.
This means that a Dryject franchisee has complete autonomy in managing their workforce. They are responsible for setting wages, benefits, working hours, and all other employment-related decisions. The franchisee must also disclose to each employee in writing that they are the sole employer and that Dryject is not a joint employer. This protects Dryject from potential liabilities related to the franchisee's employees.
Furthermore, the Dryject franchisee is responsible for filing all tax, regulatory, and payroll reports related to their employees. They must also indemnify Dryject from any liability arising from their employment practices. This arrangement is typical in franchising, where franchisees operate as independent business owners and are responsible for their own business operations, including employment matters. This structure helps to maintain a clear distinction between the franchisor and franchisee, limiting the franchisor's direct liability for the franchisee's business activities.