In Washington, can Kidokinetics restrict a franchisee from soliciting or hiring employees of the franchisor?
Kidokinetics Franchise · 2024 FDDAnswer from 2024 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 — RECEIPT (FDD pages 59–205)
What This Means (2024 FDD)
According to Kidokinetics' 2024 Franchise Disclosure Document, in the state of Washington, Kidokinetics is prohibited from restricting a franchisee from soliciting or hiring any employee of the franchisor. This protection is explicitly stated under RCW 49.62.060, a section of Washington state law.
This means that any clause within the Kidokinetics franchise agreement or any other related document that attempts to prevent a franchisee from hiring or soliciting employees of Kidokinetics is legally void and unenforceable in Washington. This addendum ensures that franchisees in Washington have the freedom to recruit talent from the franchisor's employee pool without facing legal repercussions or contractual penalties.
For a prospective Kidokinetics franchisee in Washington, this is a significant advantage. It allows them to potentially attract experienced and knowledgeable staff who are already familiar with the Kidokinetics system, potentially leading to a more efficient and successful franchise operation. This provision promotes fair competition and employee mobility within the Kidokinetics franchise network in Washington.