By Joanna Szabo  |  July 10, 2018

Category: Labor & Employment

Were You Affected by an Arby’s Non Solicitation Clause?Many of the most well-known fast food franchises are actually part of the same company, encompassing them all. According to reports, a number of fast food franchises have made agreements among themselves to avoid hiring employees out from other franchises within the same company as part of what are known as no-hire or non-poaching agreements.

Arby’s is allegedly one of the franchises that has signed a no-hire agreement. While an Arby’s non solicitation clause could benefit the company itself, it could cause problems for the employees affected by it—and they may not even know it’s happening. Indeed, workers affected in a possible Arby’s non solicitation clause may find themselves unable to find jobs at other companies within the same franchise in a certain period of time.

Basics of a Non Poaching Agreement

Essentially, “poaching” is a way to refer to when a company hires employees from competing companies in the industry—or, in the case of such agreements by fast food franchises, within the same company. Companies may enter into this kind of agreement to make sure that other companies won’t try to hire their employees out from under them.

But for employees, being able to move around in the industry can help ensure they are paid their maximum wages—or that they can move to another company that will pay them what they deserve. Employees are also better able to move upward in their industry if they are able to move companies and if businesses have incentive to reward employees with higher wages or promotions.

A report from The New York Times cited a number of restaurants as participants in no-hire agreements, including Burger King and Pizza Hut. An Arby’s non solicitation clause or similar agreement by another fast food franchise could contribute to wage stagnation, limiting them from receiving better pay—and employees at fast food restaurants are already paid very little, leaving many below the poverty level.

When companies engage in these kinds of agreements, their employees may be stuck with below-market wages, lack of market competition, and less opportunity to bargain for better wages. Fortunately, there are antitrust laws meant to protect employees from this kind of anti-poaching agreement.

Filing an Anti-Poaching Lawsuit

A number of lawsuits have been leveled against fast food franchises for participating in such non-poaching agreements, including the parent company of McDonald’s, Pizza Hut, and Jimmy John’s.

In response to an employee class action lawsuit against McDonald’s, U.S. District Judge Jorge L. Alonso stated that “[e]ven a person with a rudimentary understanding of economics would understand that if competitors agree not to hire each other’s employees, wages for employees will stagnate.”

If you have been affected by an Arby’s non solicitation clause or a non-poaching agreement from another fast food company, you may be able to join a free class action lawsuit investigation. An anti-poaching agreement lawsuit can help recover compensation and damages that non poaching laws may have incurred for employees.

Join a Free Fast Food Employee Poaching Class Action Lawsuit Investigation

If you work for Arby’s, Burger King, Jimmy John’s, Papa John’s, Pizza Hut or Domino’s and were prevented from moving to a different franchise that is part of the same company, you may have been the victim of a no-poach agreement. If so, you may qualify to participate in this employee poaching class action lawsuit investigation.

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