What staffing obligations does a Hardees franchisee have regarding qualified employees for each shift?
Hardees Franchise · 2025 FDDAnswer from 2025 FDD Document
During the term of this Agreement, Franchisee shall use the Franchised Location solely for the operation of the Franchised Restaurant and shall maintain sufficient inventories, adequately staff each shift with qualified employees and continuously operate the Franchised Restaurant at its maximum capacity and efficiency for the minimum number of days and hours set forth in the OPM or as HR otherwise prescribes in writing (subject to the requirements of local laws and licensing requirements).
Franchisee shall immediately resolve any customer complaints regarding the quality of food or beverages, service and/or cleanliness of the Franchised Restaurant or any similar complaints. When any customer complaints cannot be immediately resolved, Franchisee shall use best efforts to resolve the customer complaints as soon as practical and shall, whenever feasible, give the customer the benefit of the doubt. If HR, in its sole discretion, determines that its intervention is necessary or desirable to protect the System or the goodwill associated with the System, or if HR, in its sole discretion, believes that Franchisee has failed adequately to address or resolve any customer complaints, HR may, without Franchisee's consent, resolve any complaints and charge Franchisee an amount sufficient to cover HR's reasonable costs and expenses in resolving the customer complaints, which amount Franchisee shall pay HR immediately on demand.
Source: Item 16 — Restrictions on What the Franchisee May Sell (FDD pages 63–64)
What This Means (2025 FDD)
According to Hardees's 2025 Franchise Disclosure Document, franchisees must adequately staff each shift with qualified employees. Specifically, the franchisee must operate the restaurant at maximum capacity and efficiency. This obligation is detailed in Item 22 of the franchise agreement, which discusses the franchisee's responsibility to maintain sufficient inventories and continuously operate the restaurant.
Hardees requires franchisees to adhere to the standards and specifications outlined in the OPM (Operations Procedures Manual) or as otherwise specified in writing by Hardees. This includes staffing requirements, ensuring that each shift is staffed with employees who meet the brand's qualifications. The franchisee's ability to meet these staffing requirements directly impacts their ability to meet public health standards and maintain a high rating, as well as adhere to third-party food safety audit policies.
Furthermore, Hardees provides training programs, such as the Franchise Management Training Program (FMTP), to ensure that franchisees and their employees are properly trained in the operation of a Hardees restaurant. The FMTP includes training for the General Manager, a minimum of 6 Shift Leaders, and other designated positions. Franchisees are responsible for the costs associated with this training, including tuition fees and travel expenses. Ensuring employees are adequately trained is crucial for maintaining the quality of service and operational efficiency expected by Hardees.