Litigation lifeboats are only for those willing to choose life

November 16, 2010

Franchise systems sometimes choose to eat their franchisees (life savings, home equity, dignity).

Life is about choices, timing and trust.

Offers of a spot in the litigation boat are time sensitive.

Just like everything else in life.

Self-help: do not take justice into your own hands

November 14, 2010

Almost universally a bad idea if done outside of a larger strategy.

Always think:

In two years time, do I want to have a judge see me sink to a franchisor’s level?

Don’t go for the cheese in that trap: Everything in its proper time and place. Discipline, discipline, discipline. Come to the Court with clean hands. Two wrongs do not make a right. The Rule of Law (not the bully).

This is what I have learned over my apprenticeship.

Revenge is best served cold.

Franchising is in the entrepreneur illusion business

October 28, 2010

Magical thinking.

Chris Hedges gets it right.

@ 5:35: clinging to fantasy; to magical thinking.

In essence, what we’re trying to do is to borrow our way back to a bubble economy of 2006.

And the danger with that, and this is just across popular culture, is that we think if we just dig deeper within ourselves, If we just find the inner strength and fortitude, If you grasp that you are truly exceptional…

…you can have everything you want.

Hedges on TruthDig.

Restoring justice in franchising.

October 18, 2010

When one human right is violated, all human rights are violated.Upon reflection, many franchisees consider their experiences a violation of their fundamental human rights. While the most obvious one, the one always mentioned in even the weakest franchise law (right to associate) there are several others, principally, violations of the right to enjoy free speech.

If franchising is to “get back” there must be a technology that assists in recognizing and treating this violence. It’s called restorative justice.

South Africa developed one:

The Truth and Reconciliation Commission (TRC) was a court-like restorative justice body assembled in South Africa after the abolition of apartheid. Witnesses who were identified as victims of gross human rights violations were invited to give statements about their experiences, and some were selected for public hearings. Perpetrators of violence could also give testimony and request amnesty from both civil and criminal prosecution. Wikipedia

Canada is working on another for their indigenous peoples.

Franchisees are both a distinct and indigenous people. Ontario had a form of it at the public hearings that preceded the Arthur Wishart Act (Franchise Disclosure) in 2000.

  1. Check it out for yourself: of the 40 testimonies, former and honest franchisees speak one language, one experience, one emotion.
  2. For the individuals involved, March 6, 7, 8 & 9, 2000 were important dates in their lives because a threat to someone else’s liberty, is a threat to everyone’s. There are no bystanders in a rights war. Many of these are still in public service.
  3. I started collecting articles in preparation of these testimonies and from this need, arose.

Statesmanship: A first step is the state acknowledging that systemic abuse happened and they themselves were a part of the problem. Not the individual politician or civil servant: but that, for their part, a predatory environment was tolerated and enabled that caused family violence to flourish in franchising. This is called leadership.

Public hearings may be an appropriate response.

audi alteram partem

Therese Evans, terminated Oz franchisee dies of suspected heart attack at 48

August 16, 2010

The traditional franchisor defense is an economic war of attrition.

It almost always works especially and the violence is usually borne (1) disproportionally and (2) by women.

Therese Evans was a six-year, two-unit newly terminated Wendy’s Supa Sundae franchisee. She leaves two boys (Josh and Luke) and husband Danny with a franchisor debt she claimed was only $7,000.

Please see your doctor regularly, especially when you get into a dispute.


1. Sundae, bloody sundae
Wendy’s franchisees are asking whether the ice-cream chain’s business model is built to fail, writes Stuart Washington.
August 10, 2010

2. Sad end: Wendy’s franchisee dies after detailing dispute

WHEN Therese Evans spoke to BusinessDay last Thursday she sounded upbeat and determined to continue her fight against Wendy’s, which had locked her out of her shop for a debt she put at $7000.

On Saturday morning Mrs Evans, 48, died of a suspected heart attack at her home in Singleton.

August 16th

Underperforming franchisees deserve to lose their life (savings)

May 27, 2010

Franchisees that have run out of money are human ballast (ballastexistenzen) and not worthy of existence.

They are a drain on non-disgruntled (gruntled?) peers and the system as a whole. Lawyers, advisers and consultants, too.

Franchisees are really quick to join their franchisors in determining the “other” is not fit to survive: lebensunwertes Leben (unworthy of corporate life).

Hier trägst du mit is translated as here you are also carrying.

First you believe they have no rights and then you can act as if that were true. Even to the most extreme measures.

Absolute power corrupts absolutely

March 5, 2010

Some franchisors consider themselves, primarily, as enforcers.

As guards. As police. Judge, jury…

Without checks and balances, guards frequently run amok.

Taken to extremes, all hell breaks loose.

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