In Washington, is a Fat Shack franchisee allowed to solicit or hire employees of the Fat Shack franchisor?
Fat_Shack Franchise · 2025 FDDAnswer from 2025 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 — Receipts (FDD pages 53–223)
What This Means (2025 FDD)
According to Fat Shack's 2025 Franchise Disclosure Document, Washington state law protects a franchisee's right to solicit and hire employees of both other Fat Shack franchisees and of Fat Shack Inc. itself. This means that any clause in the franchise agreement that attempts to prevent a franchisee from soliciting or hiring employees from these sources is legally void and unenforceable in Washington.
This protection is provided under RCW 49.62.060, which specifically prohibits franchisors from restricting a franchisee's ability to solicit or hire employees from within the franchise system or from the franchisor's corporate staff. This ensures that Fat Shack franchisees in Washington have the freedom to recruit talent from a wider pool, potentially improving their staffing and operational capabilities.
For a prospective Fat Shack franchisee in Washington, this is a significant benefit. It allows them to compete for qualified employees who may already be familiar with the Fat Shack system, potentially reducing training time and improving overall performance. However, franchisees should still be mindful of ethical considerations and avoid any aggressive or disruptive recruitment practices that could harm relationships within the Fat Shack network.