Tips for Franchisors and Other Joint Employers

Tips for Franchisors and Other Joint Employers:

First, do not push your corporate policies onto the franchisee.  You CAN ask that the franchisee have such policies in place, and publish a handbook, but it should be a handbook that the franchisee creates with their attorneys, not yours.

Second, harassment complaints and all posters and materials which outline the process for making such complaints should indicate that the employee report the harassment directly to the franchisee.   The franchisee should be responsible for investigating the harassment, and for interacting with the franchisees attorneys about how to handle the complaint.

Third, the franchisor should not make recommendations as to the discipline that should be meted to the alleged harasser.   The franchisee should discipline the alleged harasser in conjunction with advice from their attorneys, and in accordance with their harassment policies.

Finally, each situation contains entirely different facts and should be handled independent of the franchisor, by the franchisee and their legal advisors.

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