Case: Massage Heights Franchising, LLC V. Hagman, 679 S.W.3d 298 (Tex. App.—Houston [14th Dist.] 2023)
If you have suffered from an assault or personal injury at a franchise or other place of business, our New Mexico workplace retaliation lawyer at Davie & Valdez P.C. is available for a free consultation to discuss your unfortunate situation.
The Short Story
A client alleged she was sexually assaulted by a massage therapist employed by a franchisee. The franchisor provided detailed rules on therapist training, methods of earning client trust, interactions with clients, offered services, and draping of undressed guests.
What The Court Decided
The court held the franchisor exercised enough control over the day-to-day details of franchise operations to owe duties and face liability. Even though the franchisee handled hiring, the franchisor’s detailed control over how massages were performed mattered.
What This Means For Texas Employees
For employees and customers, this underscores that a franchisor can be held responsible when it controls workplace conditions. If you face harassment or unsafe conditions at a franchise, evidence of franchisor-mandated procedures may help establish who is legally accountable.
Davie & Valdez P.C. is a full-service law firm and we are available to help with issues related to discrimination, work injuries and workers compensation, wrongful termination, harassment and hostile work environment, EEOC claims, defamation, libel, and slander, minimum wage, nonpayment of wages, retaliation, independent contractor issues, and overtime pay. If you need legal help, reach out to us for a free consultation today.