Sad that we are ending the stoppage at the field office level and below. That is where we have our greatest leverage. The pause was working. We should have kept pressing! And yes that call today was extremely informative!
The pause was meaningless. Whats needed is a formal request for a independent financial audit by a firm selected by the NOA regarding these tech and other fees.
If MCD doesn't agree, make the request directly to the FEDS. Im sure cooperation will be forthwith at that point.
To the above- were you on the call? Mize CPAs and the Laufer group both examined the tech fee issue and concluded that OWNERS HAD NO TECH FEE LIABILITIES. And these two firms have decades of MCD experience and service thousands of stores. There is NO TECH FEES OWED. PERIOD
McDonald's cannot legally force independent franchise operators to purchase their sole service, then fix prices, disregard proper billing processes under the Fair Credit and Lending Act, then coerce payment under threat of loss of their franchise license. Is this McDonalds, or the McMob?
Most states call that extortion, and the fact it happens across state lines, its a federal RICO case. Yes, .. someone may have to go to jail.
I understand asking McDonald's to prove this debt, and Im sure McDonalds is smart enough to understand that request is a proper DEMAND under the law. McDonald's has no legal standing to refuse that billing request and no rights to arbitrarily assign that debt to the operator without proving the debt.
Whats needed wasnt a PAUSE, though a respectful gesture. Whats needed is a ATTORNEY and a third party ACCOUNTING to audit these transactions.
Now, this can be done mutually, openly, honestly and respectfully. Or it can be done as part of a legal discovery in the courts. The ball is in McDonalds hands how they want to handle this. But enough of the kid gloves, time to step up and understand the legal recourse available to address this matter.
Lawyer up! Otherwise, your franchise agreement is meaningless. Your not the 3rd leg of the stool, you're simply the seat McDonalds places its weighted ass upon.
95%+ of restaurants run by independent franchisees. Even if the 6-8% of those are complicit with the failed National Leaders of the past and their self proclaimed coalition - theres still a strong system to solidify strength in the franchisee field.
Those franchisees survived a COVID pandemic. Think theyre worried about Pajama Boy in Chicago, or his second gen cousin sitting on a Mac Book in Phoenix?
It seems to me we got where I thought we were going. McD's has the right to end HM subsidies and contributions to Archway's regardless of whether its the right thing to do, and as operators our leadership has found we are not liable for the tech billing and notified MCD of this, beyond the fact this is peanuts for them. Its up to them if they want to continue to try to collect, nothing else for us to do until then. But for them to proceed with trying to collect on this debt, compounding their other legal matters and creating more smoke around their moral compass would be foolish, although that certainly is a possibility under this management team. What I am having a hard time understanding is the certainty they have displayed in thinking they are owed this debt, and at who's direction. It feels like there is way more to this behind the scenes than meets the eye, and a job or two on the line obviously.
We should NOT budge on the tech fees. As for Happy Meal rebates, just raise HM prices 35-45 cents - voila! problem solved. And concerning Archways, I will drop out of the program when the MCD participation ends. The companies greed has no limits!
This all fails into the lap of the CFO.. whom historically, is always the first patsy rolled up in these sorts of grievances.
The financial frauds are always the easiest to investigate and prosecute. Then the dominoes tumble, Im sure the public will see behind the curtain as the rats try to save themself.
Then theres the Easterbrook trial discovery as well. Wonder what bombshell revelations will be learnt about the corporate structure there?
There will be need of a lot of brand reimaging and restructuring when its all said and done.
Did anybody else catch the fact that on yesterdays Mcd webcast, it was stated that Mcd employees who work on the technologies have their salaries ADDED on to the tech costs billed to the stores?
To the previous comment about mcd employees that work on tech have salaries added, I think I sort of new that, similar to mcd cost being rolled into construction projects or new development, but I think the point is becoming more valid as we move forward. I haven't had someone from mcd in my restaurants for over a year and I'm doing better that ever, and more importantly my people are less stressed than they have ever been. I don't want to change that. But there needs to be an examination or understanding what MCD services they will provide and better yet what is the most valuable. I think one could look at the last year and say what they have provided in the past did little to move the system and systemically may have done more to hold it back.
16 comments:
Sad that we are ending the stoppage at the field office level and below. That is where we have our greatest leverage. The pause was working. We should have kept pressing! And yes that call today was extremely informative!
Sad day in McDonaldland. End the pause while nothing is getting resolved.
Chris K and Joe E. 3 points and +170 Mil gain for the company
Owner Operators 0 points and another loss of $170 Mil, while paying off ETOF, and higher wages
Stop this madness
The pause was meaningless. Whats needed is a formal request for a independent financial audit by a firm selected by the NOA regarding these tech and other fees.
If MCD doesn't agree, make the request directly to the FEDS. Im sure cooperation will be forthwith at that point.
To the above- were you on the call? Mize CPAs and the Laufer group both examined the tech fee issue and concluded that OWNERS HAD NO TECH FEE LIABILITIES. And these two firms have decades of MCD experience and service thousands of stores. There is NO TECH FEES OWED. PERIOD
Am I missing something here?
McDonald's cannot legally force independent franchise operators to purchase their sole service, then fix prices, disregard proper billing processes under the Fair Credit and Lending Act, then coerce payment under threat of loss of their franchise license. Is this McDonalds, or the McMob?
Most states call that extortion, and the fact it happens across state lines, its a federal RICO case. Yes, .. someone may have to go to jail.
I understand asking McDonald's to prove this debt, and Im sure McDonalds is smart enough to understand that request is a proper DEMAND under the law. McDonald's has no legal standing to refuse that billing request and no rights to arbitrarily assign that debt to the operator without proving the debt.
Whats needed wasnt a PAUSE, though a respectful gesture. Whats needed is a ATTORNEY and a third party ACCOUNTING to audit these transactions.
Now, this can be done mutually, openly, honestly and respectfully. Or it can be done as part of a legal discovery in the courts. The ball is in McDonalds hands how they want to handle this. But enough of the kid gloves, time to step up and understand the legal recourse available to address this matter.
Lawyer up! Otherwise, your franchise agreement is meaningless. Your not the 3rd leg of the stool, you're simply the seat McDonalds places its weighted ass upon.
In the words of Abraham Lincoln,
"Ensure your feet are in the right place, then stand firm"
WE NEED TO HANG TOGETHER OR WE WILL SURELY HANG SEPERATELY.
#Joe and Chris for prison 2021
95%+ of restaurants run by independent franchisees. Even if the 6-8% of those are complicit with the failed National Leaders of the past and their self proclaimed coalition - theres still a strong system to solidify strength in the franchisee field.
Those franchisees survived a COVID pandemic. Think theyre worried about Pajama Boy in Chicago, or his second gen cousin sitting on a Mac Book in Phoenix?
Not at all... bring it.
It seems to me we got where I thought we were going. McD's has the right to end HM subsidies and contributions to Archway's regardless of whether its the right thing to do, and as operators our leadership has found we are not liable for the tech billing and notified MCD of this, beyond the fact this is peanuts for them. Its up to them if they want to continue to try to collect, nothing else for us to do until then. But for them to proceed with trying to collect on this debt, compounding their other legal matters and creating more smoke around their moral compass would be foolish, although that certainly is a possibility under this management team. What I am having a hard time understanding is the certainty they have displayed in thinking they are owed this debt, and at who's direction. It feels like there is way more to this behind the scenes than meets the eye, and a job or two on the line obviously.
We should NOT budge on the tech fees. As for Happy Meal rebates, just raise HM prices 35-45 cents - voila! problem solved. And concerning Archways, I will drop out of the program when the MCD participation ends. The companies greed has no limits!
This all fails into the lap of the CFO.. whom historically, is always the first patsy rolled up in these sorts of grievances.
The financial frauds are always the easiest to investigate and prosecute. Then the dominoes tumble, Im sure the public will see behind the curtain as the rats try to save themself.
Then theres the Easterbrook trial discovery as well. Wonder what bombshell revelations will be learnt about the corporate structure there?
There will be need of a lot of brand reimaging and restructuring when its all said and done.
Did anybody else catch the fact that on yesterdays Mcd webcast, it was stated that Mcd employees who work on the technologies have their salaries ADDED on to the tech costs billed to the stores?
WHY ARE WE PAYING SERVICE FEES ?
DOUBLE BILLING!
#SupportNOA
It took MCD 3 years to find the supposed tech fee shortfall. IF LEGITIMATE (its not) we should have 3 prorated years to pay it
What owner leaders verified 2017 Tech fee liabilities? NAMES PLEASE
To the previous comment about mcd employees that work on tech have salaries added, I think I sort of new that, similar to mcd cost being rolled into construction projects or new development, but I think the point is becoming more valid as we move forward. I haven't had someone from mcd in my restaurants for over a year and I'm doing better that ever, and more importantly my people are less stressed than they have ever been. I don't want to change that. But there needs to be an examination or understanding what MCD services they will provide and better yet what is the most valuable. I think one could look at the last year and say what they have provided in the past did little to move the system and systemically may have done more to hold it back.
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