Court Rules Burger King Franchisees Must Follow Agreement

A Miami-Dade Circuit Judge, Jon Gordon, says franchisees must follow their contract, dismissing a lawsuit by three Burger King franchisees who resisted staying open until 2 a.m. on weekends and to open as early as 6am from Monday through Saturday.

Those hours are dangerous to our employees the franchise owners argued. And such hours are quiet enough to be unprofitable for business.

But Burger King Corp. argued:

"the extended hours are necessary to keep pace with the competition."

The Miami fast-food chain's franchise agreements mandate operating hours "at a minimum of 7 a.m. to 11 p.m, seven days a week, 52 weeks a year, unless otherwise authorized or directed by BKC or unless prohibited by applicable law.''

The BKC attorney observed that the franchise agreement is the franchise agreement. Binding. The franchisor attorney argued:

Judge Gordon said Monday that the language in the agreement was ''clear'' and ''unambiguous,'' giving Burger King the right to alter the minimum hours, said Michael Joblove, a Miami attorney representing Burger King.

But Robert Zarco, the franchisees' attorney, is not taking no for an answer. He thinks the judge misunderstood the law, and plans to appeal.

"The franchisees had argued that the language only gave Burger King the authority to exempt franchisees from those minimum hours, but not to mandate extended hours."

Read the Miami Herald for full details