How many calendar days must a person be separated from employment with Fitstop or another franchisee before a Fitstop franchisee can hire them without violating the agreement?
Fitstop Franchise · 2024 FDDAnswer from 2024 FDD Document
- 18.3.2 Without our prior written consent, you shall not employ or seek to employ any person who is at the time employed by us, any of our subsidiaries, or any person who is at the time operating a Franchise or otherwise induce, directly or indirectly, such person to leave such employment.
This paragraph shall not be violated if such person has left the employment of any of the foregoing parties for a period in excess of 180 calendar days;
Source: Item 23 — RECEIPTS (FDD pages 50–135)
What This Means (2024 FDD)
According to Fitstop's 2024 Franchise Disclosure Document, a Fitstop franchisee can hire someone who was previously employed by Fitstop, its subsidiaries, or another Fitstop franchisee without needing prior written consent, provided that the person has been separated from that employment for more than 180 calendar days.
This policy is designed to prevent franchisees from poaching current employees within the Fitstop system. It protects Fitstop's investment in its employees and the employees of its franchisees by ensuring that there is a reasonable buffer period before they can be hired by another franchisee.
For a prospective Fitstop franchisee, this means they need to be aware of this restriction when considering hiring staff. If they are interested in hiring someone who recently worked for Fitstop or another franchisee, they must wait until the 180-day period has passed or obtain written consent from Fitstop. Failure to comply with this could be a breach of the franchise agreement.