Is a Focus Cfo franchisee prohibited from having discussions with Focus Cfo employees for the purpose of enticing them away?
Focus_Cfo Franchise · 2025 FDDAnswer from 2025 FDD Document
13.3.1. employ or engage as an employee, independent contractor, or otherwise, any member, employee, independent contractor, franchisee, licensee, officer, director or agent of Focus CFO, or any affiliate of Focus CFO (Focus CFO and its affiliates are collectively referred to herein as the "Focus CFO Consolidated Group");
13.3.2. solicit, approach, endeavor to entice away or have discussions or other communications (regardless of who initiates such discussions or communications) with any member, employee, independent contractor, franchisee, licensee, officer, director, or agent of the Focus CFO Consolidated Group, for the purpose of causing that individual or company to terminate its relationship with the Focus CFO Consolidated Group to become employed or associated with any person, business or organization that offers services that are the same as or substantially similar to the services or products offered by Focus CFO or any of its affiliates;
Source: Item 23 — Receipts (FDD pages 37–126)
What This Means (2025 FDD)
According to the 2025 FDD, Focus Cfo franchisees face restrictions on soliciting or enticing Focus Cfo employees. During the term of the Franchise Agreement and for two years after its expiration or termination, a franchisee is generally prohibited from employing or engaging any member, employee, independent contractor, franchisee, licensee, officer, director, or agent of Focus CFO or its affiliates.
Specifically, a Focus Cfo franchisee is not allowed to solicit, approach, or have discussions with anyone associated with the Focus CFO Consolidated Group for the purpose of causing them to terminate their relationship with Focus CFO and become employed or associated with a business offering similar services. This restriction applies regardless of who initiates the discussions.
These non-solicitation clauses are standard in franchising to protect the franchisor's investment in its personnel and network. A prospective Focus Cfo franchisee should understand that these restrictions are in place to maintain the stability of the Focus Cfo network and prevent the poaching of talent to competing businesses. Franchisees should carefully consider these limitations and how they might affect their business operations, especially if they have prior relationships with individuals within the Focus Cfo network.