What must a Mr. Sandless franchisee do with the background check results of prospective employees?
Mr_Sandless Franchise · 2025 FDDAnswer from 2025 FDD Document
You shall require and obtain execution of covenants similar to those set forth in this Section 19.4 (including covenants applicable upon the termination of a person's employment with you) from all employees, contractors or third persons who will have access to Mr. Sandless proprietary and Confidential Information, and shall provide to us to an executed versions thereof. Such covenants shall be substantially in the form set forth in Attachment 4 as revised and updated from time to time and contained in the Manual. You shall indemnify and hold us harmless from any and all liability, loss, attorneys' fees, or damage we may suffer as a result of your failure to obtain executed restricted covenants by employees, agents and third persons as required by this Section.
Source: Item 15 — OBLIGATION TO PARTICIPATE IN THE ACTUAL OPERATION OF THE FRANCHISE BUSINESS (FDD pages 29–30)
What This Means (2025 FDD)
Based on the 2025 Mr. Sandless Franchise Disclosure Document, there is no information provided that discusses the handling or requirements for background check results of prospective employees. The document does outline that franchisees must ensure employees, contractors, and other third parties who have access to Mr. Sandless's confidential information sign covenants similar to those in Section 19.4 of the agreement. These covenants, including those applicable after employment termination, must be provided to Mr. Sandless in executed form.
However, the FDD does not specify any procedures or obligations related to background checks themselves, or what to do with the results. The franchisee is responsible for indemnifying Mr. Sandless against any losses or legal fees resulting from a failure to obtain these executed restricted covenants from their personnel.
Prospective Mr. Sandless franchisees should directly ask the franchisor about any requirements or recommendations regarding background checks for employees. Specifically, they should inquire whether Mr. Sandless has any preferred background check vendors, any legal requirements to consider, and any guidelines on how to use background check information in the hiring process.