Jan-Pro Franchising International Facing Misrepresentation Suit
Last Updated on May 8, 2018
Depianti et al v. Jan-Pro Franchising International, Inc.
Filed: November 3, 2016 ◆§ 3:16-cv-05961-EDL
Cleaning franchiser Jan-Pro Franchising International is facing a class action filed by plaintiffs who claim they were subject to systemic misrepresentations.
Cleaning franchiser Jan-Pro Franchising International is facing a class action filed by plaintiffs who claim they were subject to systemic misrepresentations and breaches of contract in their relations with the company. Filed in Massachusetts, the case most prominently claims that the defendant sells cleaning “franchises” even though it knows it doesn’t have sufficient-enough business to satisfy the obligations in its franchise agreements. According to the lawsuit, individuals are duped into buying Jan-Pro franchises for large sums of money with promises of guaranteed amounts of monthly income. In addition to other questionable behavior, plaintiffs claim Jan-Pro “frequently violates the form franchise agreement by taking accounts away without warning and for no justifiable reason.”
The other allegation put forth by the suit is that the defendant misclassifies its workers as independent contractors to avoid paying proper overtime and minimum wages and providing other essential employee protections under the Fair Labor Standards Act (FLSA). The plaintiffs say the defendant forces workers to sign “franchise agreements” with regional affiliates in order to obtain work. “In fact,” the lawsuit says, “Jan-Pro does not have enough accounts to offer to workers who have signed franchise agreements.”
Plaintiffs also allege Jan-Pro intentionally targets immigrants in particular with non-negotiable, technical term-laden contracts that are written exclusively in English.
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