Global Leaders In Franchise Litigation
Last updated on March 29, 2024
The commercial litigation attorneys at our law firm, Zarco Einhorn Salkowski, P.A., represent franchisee clients in state and federal courts and in arbitrations and mediations throughout the United States. Our firm is one of the few firms in the nation that focuses on representing the rights of franchisees. We have pursued cases against some of the biggest players in the hotel, restaurant and service industries, including Holiday Inn, McDonald’s, Dunkin’, Coca-Cola, Burger King, Papa John’s, 7-Eleven, Pizza Hut and many more.
We possess the skills and experience to represent franchisees and franchisee associations in any type of business dispute. Our franchise litigation experience includes such issues as:
- Unfair and deceptive trade practices by the franchiser
- Breach of contract claims
- Fraud or negligence by the franchiser
- Uniform Franchise Offering Circular (UFOC)/franchise disclosure document (FDD) violations
- Protection of exclusive territories against encroachment
- Liquidated damages
- Failure to renew
- Unreasonable systemwide changes
- Supply chain sourcing and pricing issues
- Tortuous interference with the business relationship
Our attorneys have earned international acclaim for their acumen in franchise litigation. In their practice, they have earned landmark case results that initiated meaningful change in franchise law. You can expect cutting-edge insight into developing practical solutions for you and your franchise.
Affordable Services To Help You Fight
We understand the extensive costs that come with being a franchisee. That is why we often provide success-based creative fee arrangements to keep our services affordable. We employ unique, alternative fee structures that make it possible for franchisees to afford high-quality legal representation. With extensive resources behind Zarco Einhorn Salkowski, P.A., our team is prepared to stand alongside you in your fight for fairness against your franchiser.
Making Franchisers Honor Their Contracts With You
Franchisers, no matter how powerful, must honor the terms and conditions of the franchise agreement they signed with franchises. Unfortunately, some franchisers seem to believe that they have no obligation to do so. When a franchiser breaks the terms stipulated in your franchising contract, they are said to be in breach of contract. Breach of contract can involve a franchiser refusing to honor its promises to you, demanding things of you not stipulated in the contract or acting in ways forbidden in the contract.
In our practice, we have seen countless brazen instances of breach of contract by franchisers. Some of the most common examples include:
- Failing to provide enough training
- Failing to make certain changes in how they conduct business
- Refusing to allow you to make certain changes
- Making demands not included in the contract
- Insisting on expensive, unnecessary and complicated upgrades
- Refusing to provide goods or services promised in the contract
If the franchiser does not remedy their actions, then you have the right to file a breach of contract claim in court. However, many franchise agreements are written in such a way as to prioritize the franchiser’s rights over the franchisee’s. Breach of contract can still involve language not explicitly written in the franchise agreement. Franchisees may face an uphill battle, but that does not mean you should give up. Advocating for your rights in the face of unfair practices will take exceptionally skilled attorneys such as ours.
What Happens When A Franchisee Refuses To Comply With A Franchisor’s Demands?
If a franchisee resists the demands of a franchisor, there are potential consequences that could occur:
- Legal action: The franchisor may sue the franchisee for breach of contract. Franchise agreements outline the rights and obligations of both parties, and failure to comply with these terms could lead to litigation.
- Termination of franchise agreement: The franchisor may terminate the franchise agreement. This action could result in the franchisee losing the right to operate under the franchisor’s brand.
- Financial penalties: The franchisor may impose fines on the franchisee for noncompliance.
- Damage to reputation: Resisting the franchisor’s demands could damage the franchisee’s relationship with the franchisor. This could lead to negative publicity for the franchisee and damage to the franchise brand’s overall reputation.
In this case, franchisees should work with experienced franchise litigation attorneys to help them consider their obligations under the franchise agreement.
Steps To Take If Your Franchisor Fails To Provide Enough Support
If you feel that your franchisor is not giving you adequate support, there are several steps you can take to address the situation:
- Start by reviewing the terms of your franchise agreement, including any provisions related to support and assistance from the franchisor.
- Keep detailed records of instances where you feel the franchisor has failed to provide adequate support.
- Schedule a meeting or contact your franchisor to discuss your concerns openly and professionally.
- If you cannot resolve your concerns directly with the franchisor, consider pursuing alternative dispute resolution methods to facilitate a resolution.
- If your efforts to resolve the issue directly with the franchisor are unsuccessful, seek legal advice from a lawyer specializing in franchise law. They can help you understand your rights under the franchise agreement and advise you on the best course of action moving forward.
Our attorneys possess the necessary skills and acumen to handle the complex legal issues that often arise in any business dispute with a franchisor. We can develop usable solutions for you and your franchise for the best possible outcome.
Work With Our Leading Litigators
At Zarco Einhorn Salkowski, P.A., we are ready to represent you against corporate franchisers. To begin protecting your franchise, contact us online. You can also call us at 305-703-5058 or 888-580-7844 for a consultation at no cost to you.
We serve franchisees across the United States and internationally. We help franchisees level the playing field against franchisers and other larger adversaries in legal and business negotiations and disputes, and provide an affordable key to the courthouse when necessary.