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I bought a franchise that provides in-home care for the ...

Sent to Legal Experts January 15 2008 at 10:03 AM
   

I bought a franchise that provides in-home care for the elderly and disabled. We use Independent Contractors (caregivers) & as such are responsible for payment of their taxes. We invoiced the client, collected payment & paid the caregiver. The remainer was our earnings although, we pay Corporate a 4% royalty fee on gross receipts. Corp now informed us we need to change our name to a registry, open an escrow services bank acct. to clearly define the compensatiion the client pays the caregiver and the fee the caregiver pays us. We still invoice the client and collect one check. Corp. still insists we compute and pay 4% royalty on gross receipts which 85% of the payment is the caregiver''s money. Is this right?

 

Optional Information:
Collinsville, Texas

Already Tried:
Nothing so far. Just discussed this problem with the other franchiees

Customer (name blocked for privacy)
Answer
January 16 2008 at 8:58 AM (22 hours and 55 minutes later)
         
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Dear Customer (name blocked for privacy),

If you have a franchise, then the methods of computing the amounts due to the franchise corporation would be based on the franchise agreements that were signed between the franchise company and the franchisee.

Your question asks if it is right for the franchise company (franchisor) to force franchisees to divide the money up a certain way, change name of business, and tell franchisees what they are supposed to pay the 4% amount on. Unfortunately, this matter involves the contracts (agreements) signed by you and can only be answered by a full review of the contract's terms and requirements.

Contract law is generally based on common law, not law that is based on statutes (written laws passed by either state or government leglisatures). That means, that instead of being able to look in a state or federal statute book to find out if something can be done is not likely possible. Instead, after (1) reading the contract to see if (a) the contract allows the franchisor to do this and (b) if the franchisee did agree to it by signing the contract, there are (3) any reasons surrounding the contract (meaning the words used to write the contract(s)) or the way the franchisor and franchisee acted or understood each other, along with (4) all past contract law cases decided in the state's courts, which will allow an argument that the franchisor cannot force franchisees to do this.

Because you say there are other franchisees who feel this is improper, it may be possible for you to contact an attorney who works with class actions suits who may be interested in taking on this case for all franchisees. If not, then you should have an attorney read and review the franchise agreements/contracts so that he/she can tell you if the contracts permit the franchisor to require this.




PLEASE NOTE: Responses here are for information/education only, NOT legal advice and do not form attorney-client relationship! Only licensed attorneys you hire in your state can provide legal advice.
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