Can I refuse to be sold to a franchise?

UPDATED: Sep 30, 2022

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Can I refuse to be sold to a franchise?

I work for a corporate restaurant. It has been said we
will be sold to a franchise. I as a member of the store
am being sold with it. Can I refuse the transfer of
employment? Is the corporation essentially firing me
and I am being hired by the new franchise.

Asked on January 13, 2017 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can refuse to work for the franchise--but then you will be out of work. You can't force your current corporate employer to keep employing you if they don't want to (and for that matter, you can't force the franchisee to take you, either). Employment is employment at will: the employer decides who they want to work for them, and the employee decides if he/she wants the job. Either can say "no" to the employment relationship: an employer can refuse to employ you, and you could choose to refuse a job offer, or quit or resign from an existing job. But as stated, you cannot dictate who will or will not employ you, or where you will work.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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