B. F.

Companies

Employee Handbook

Revised April 2013

 History
Wendy’s is a publicly held corporation that owns and franchises restaurants
comprising the third largest quick service hamburger chain in the world.

The Wendy’s system was founded in 1969 by Dave Thomas, who wanted to
provide, “The Best Burgers in the Business.” Mr. Thomas was so proud of his product
that he named the first restaurant after his daughter, Wendy.

The success of Wendy’s has been built on one mission: “Quality is Our Recipe.”
Quality is found in every aspect of the Wendy’s system; in its product, service and
certainly in its people.

Your Wendy’s is an affiliate of B.F. Companies, which together currently own

and operate over 160 Wendy's restaurants. Ulysses L. “Junior” Bridgeman, President,
and Paul Thompson, Vice-President, are committed to building a team that can provide
quality products and services to our customers.

References throughout this Handbook to "Wendy's" and "Company" refer to your

restaurant, which is owned and operated by a B.F. Companies affiliate.

Mission Statement
The primary objective of every Wendy’s employee must be to provide the highest
quality service to each of our customers.

At Wendy’s, we consider our customers to be our guests and pleasing our guests
is our primary concern. We can provide the highest quality food, but unless that food is
served in a pleasant and cordial manner, our customers will not be satisfied. The
obligation to see that our customers are satisfied rests with each employee. Each
employee must help create an atmosphere that our customers find appealing. Saying
“hello” and “thank-you”, always smiling and being willing to assist the customer will
help create this atmosphere.

Wendy’s is a proud organization that is built upon the pride of the individual
employees. The pride you demonstrate in dealing with our customers tells those
customers a great deal about the quality of our food and the quality of our service. Each
employee must be constantly aware of the need to make customers feel that they are our
welcomed guests.

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 Vision Statement
WE believe through dedication and teamwork,
that WE will continue to deliver total quality
above and beyond anyone’s expectations
in everything WE do!

Introduction
It is the policy of Wendy’s to make decisions based upon qualifications,
competence and merit. Except where required or otherwise permitted or provided by
law, employment practices will not be influenced or affected by an applicant’s or
employees race, color, national origin, religion, sex, age, handicap, veteran’s status or
other characteristic, as protected by law. This policy governs all aspects of
employment, including hiring, promotion, assignment, demotion, termination and other
terms and conditions of employment.

Wendy’s adheres to the employment-at-will doctrine, which essentially means

that your employment is for an indefinite period of time and that you, as well as
Wendy’s, are free to terminate the employment at any time and for any reason with or
without cause, subject to notice requirements described later in this Handbook.

This Employee Handbook is designed as a guide to provide you with a general

understanding of what is expected of you as an employee and what you can expect of
Wendy’s. It neither constitutes nor is to be construed as, an express or implied contract
of employment and the employment-at-will doctrine will control the employment
relationship at all times.

If you have any questions regarding policies and procedures refer to this manual
for guidance. Wendy’s reserves the right to revise, supplement or delete benefits,
policies, procedures, provisions and guidelines in this manual, in whole or in part, at any
time.

Workforce
The workforce at Wendy’s is divided into Team Members, Team Leaders and
Management. You will begin employment at Wendy’s as a Team Member. Team
Leaders are experienced employees who are thoroughly proficient at all workstations
and have demonstrated outstanding performance levels.

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 Orientation Period
Each new employee will be a probationary employee for the first twenty-eight
(28) days of employment, including the date of hire. This period is designed to give you
an opportunity to achieve satisfactory levels of performance, and to determine if the
position meets your expectations. Prior to the end of the orientation period, the General
Manager will review any performance opportunities and/or issues with you. This
discussion is neither intended to, nor to be construed as, any assurance of continued
employment.

Training
As a new Team Member, you will be trained to handle all aspects of your job
through the use of DVDs, training guides and on-floor instructions by Team Leaders,
experienced Team Members or members of Management.

Resignation Policy
Because your employment is at-will, you may voluntarily terminate your
employment at Wendy’s at anytime, however, one week prior written notice is required
and you must fulfill the obligations of this notice by working all scheduled hours unless
instructed by a manager otherwise. Failure to give proper written notice will result in a
reduction of wage rate to the current hourly minimum wage on your final paycheck.
You are required to return any Wendy’s uniforms or property upon receipt of your final
paycheck.

Holidays
Team Leaders will receive the following holidays with pay (8 hours):

Thanksgiving Day and Christmas Day.

In order to receive pay for a holiday, you must work your scheduled shift
immediately before and after the holiday.

Vacation
Team Leaders are entitled to a one-week annual vacation with pay after they have
completed one (1) year of continuous regular employment. Vacation pay will be

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determined by the average hours worked in the four weeks preceding the vacation.
Vacation pay is an active employee benefit.

Vacation pay is subject to all authorized payroll deductions. If a regular holiday

falls within your scheduled vacation, you will be paid for the holiday in addition to your
earned vacation. You will not be able to schedule another day for the holiday. Unused
vacation days may not be carried over.

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 Food
Team Members are entitled to a 50% discount on one meal. This meal can be
eaten during a break period or immediately before or following a work shift.
Discounted meals must be eaten on the premises. No competitor’s products or
unapproved products may be brought into the restaurant at any time.

Meal Periods and Breaks

You are allowed a half-hour unpaid lunch break after each five hour work period.
For specific Federal & State regulations refer to the employee poster in the employee
break area. You must punch in and out when taking this break. You are permitted to
leave the premises.

Insurance
There are optional insurance benefits available for Team Members and Team
Leaders. Ask your manager for information about the most current benefits program.

Crew Incentives
The following is a list of crew incentives & benefits that are available to all
employees. It is important that our current employees are aware of what the Company
has to offer in order to aid in crew retention. It is equally important that we
communicate these incentives to potential employees during the interview process to
give us that edge over our competitors in attracting new hires.

Crew Benefits and Incentives:

• Comprehensive Training
• Competitive Wages
• Flexible Scheduling
• Full or Part-time opportunity
• Optional Health Insurance
• Uniforms
• Meal Discounts
• Crew Recognition Program (pin program)
• Opportunity for advancement
• Informational Crew Meetings
• Employee of the Month Program
• Speak Out Program
• Incentive Contests with prizes
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 • Great Grades Program
• College Text Book Program
• Crew Referral Program
• Company Shoe Program
• Tickets for special events
• Sales and Service Time rewards

For information or details on any of these programs or incentives, please contact

your District Manager.

Worker’s Compensation
Wendy’s maintains workers’ compensation insurance, which covers job-related
injuries or illnesses that you might sustain. It is important that you immediately report
any job-related injury or illness, however slight, to the manager on duty. Failure to
report an injury or illness may jeopardize your ability to qualify for compensation.

The filing of a fraudulent worker’s compensation claim is a very serious matter.

In the event that Wendy’s has reason to believe a fraudulent claim has been filed,
Wendy’s will pursue a formal complaint with the proper authorities and an investigation
may be conducted. Such investigation may result in civil and/or criminal prosecution,
as authorized by law.

Employee Safety Responsibilities

and Safety Rules
Every Wendy’s employee must accept responsibility for his or her own safety, as
well as the safety of co-workers, visitors, property and equipment. Basically, it is a
matter of common sense, but you are expected to protect yourself, your co-workers and
visitors by:
• Becoming familiar with Wendy’s safety policies and rules as they relate to your
duties and actively supporting them.
• Observing all safety practices and adhering to all safety rules while performing
your job.
• Participating in safety training as required by Wendy’s.
• Watching for and reporting to the manager on duty any and all hazardous
conditions and/or practices, including unsafe practices of your co-workers, which
could cause injury or damage to individuals, property or equipment.
• Keeping equipment and work areas in good repair and immediately reporting to
your supervisor if any equipment does not work.

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 • Using safety equipment when you are involved in tasks or assignments that
require the use of safety equipment.
• Reporting any injury occurring while on duty, no matter how slight, to the
manager.

In addition, at no time will anyone be allowed in the restaurant work areas other than
scheduled employees. Individuals who are not an employee or vendor of Wendy’s are
not allowed behind the counter without first showing proper identification.

Any violation of or the failure to follow the above safety rules can lead to
disciplinary action up to and including termination.

Merit Pay
Wendy’s believes in the concept of merit pay based on your individual efforts and
contributions to the good of the business. Wendy’s reviews job positions and if new
and expanded duties are assigned, or if duties are reduced, it may, at its sole discretion,
adjust your compensation accordingly.

Performance Reviews
Team Members and Team Leaders will receive annual reviews. Your attendance,
appearance, work attitude and job performance will be discussed privately with a
member of Management utilizing a written crew performance appraisal. Your wage
increase will be determined by how well you have performed in the previous twelve
months.

Raises
Wage increases are generally granted at performance review time. You may be
eligible for an increase of up to twenty-five (25) cents per hour until you have reached
the top of the hourly pay scale. The top of the hourly pay scale is $10.00 per hour.

Flexible Hours
Hours of work can be tailored to meet your schedule. Each restaurant has a day-
off request process. Requests must be submitted by the Tuesday of the week prior.
Schedules will be posted on Thursday by 5 p.m. for the following week (Monday
through Sunday). You are expected to report to work for all scheduled shifts.

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 Overtime
For any hours worked in excess of forty (40) hours in one week, you will be paid
time and one half.

Schedule Changes
No schedule changes such as exchanging shifts should be made without approval
of the shift manager. You are expected to show up for your shift as scheduled.

Attendance Policy
Good attendance is important to any job. Prior notification of your absence is
very important; if you must be absent we ask that you conform to the following
attendance standards:

• If you must be absent, you must notify the manager on duty at least six (6) hours
prior to your scheduled start time.
• If you are going to be late for work, notify the manager as soon as possible, so
that arrangements may be made to cover your shift until you arrive.
• Failure to call or show up for your shifts as scheduled could result in suspension
or termination.

Repeated absenteeism and tardiness will not be tolerated and could lead to
disciplinary action up to and including suspension and or termination.

Jury Duty
Wendy’s encourages its employees to participate in the judicial process when
called for jury duty. If you receive a jury summons, you must present the summons to
the General Manager at least three (3) days prior to the date on which jury duty is to
commence. Failure to provide adequate notice of jury duty will render time missed for
jury duty as unexcused absences. You may be required to submit proof of jury service
upon returning to work.

Employee Status Changes

It is very important that you notify Wendy’s of any change in your current
address, phone number, name, or dependant status. This may be done by giving the
corrected information to your General Manager.

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 Time Keeping
You are required to use the register to record the time you have actually worked.
You are responsible for punching in and out at the beginning and end of your shift and
for breaks. You must be in uniform and ready to work when you punch in. You are not
allowed to punch another employee in or out at any time. Upon the completion of your
shift you are to leave the restaurant’s work areas. You are not permitted to be inside the
restaurant except during periods of work and during periods when you are in the
restaurant as a customer.

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 Payday
You will be paid every other week on the designated payday. Please do not call
your District Manager to receive your check at an earlier time. Paychecks can be picked
up during non-rush periods.

Paycheck Errors
Each employee is responsible for keeping his/her receipts of hours worked from
the registers. Any paycheck errors, regardless of whose favor they are in, are required
to be reported immediately by the employee to the General Manager or District
Manager. If the error results in a shortage in pay, an additional check making up the
difference will be issued to the employee as soon as possible. If the error is an overage
of pay, the employee is responsible for refunding the overage to the Company.

Deductions for Cash Register Shortages

A "cash register shortage" means that the amount of cash in a cash register at the
end of an employee's shift is less than (i) the total amount of cash sales made during the
employee's shift, plus (ii) the amount of cash left in the register drawer at the beginning
of the employee's shift. If a cash register shortage occurs, the amount of the shortage
will be deducted from the employee's next paycheck to the extent (i) it does not reduce
the employee's wages below applicable minimum wage on average for all hours worked
during the period covered by the paycheck (if the full amount of the shortage cannot be
deducted because it would reduce the employee's wages below minimum wage, the
balance of the shortage will be deducted from the employee's future paycheck(s) until
recovered in full (subject to the foregoing minimum wage limit)), and (ii) the employee
has signed a written authorization to deduct the shortage in accordance with applicable
state law, and (iii) it is permitted by and done in accordance with applicable state law.

Cash register shortages will NOT be deducted from overtime pay.

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 In the states of Kentucky, Tennessee and Florida, employees will be asked to sign
an authorization form when hired. The authorization form will be presented to you at
orientation. In Wisconsin and Illinois, the employee assigned to the register where a
cash register shortage occurs will be asked to sign an authorization form AFTER the
shortage occurs and BEFORE a deduction from wages is taken.

Cash Advances or Loans

It is Wendy’s policy not to make loans or to provide payroll cash advances to its
employees under any circumstances.

Dating Policy
While the Company does not encourage dating between Team Members, the
Company does not prohibit Team Members from dating, but only if such dating is kept
OUTSIDE the workplace and does not adversely influence or interfere with job
performance. Team Members are forbidden to date Team Leaders, Shift Managers,
Assistant Managers, Co-Managers or the General Manager from ANY B.F. Companies
restaurant, including the restaurant at which they work.

Personal Phone Calls and Cellular Phones

• Personal phone calls may only be made, or received, with permission from the
manager.
• Cellular Phones are not to be used by Team Members or Team Leaders during
working hours.
• Cellular phones are to be silenced during working hours.
• Texting is prohibited.
• Use of camera phones is prohibited.

Receipt of Company Property

Any employee who receives any form of Company property for use in his/her job
is responsible for the property and required to return the property to the Company in
good condition and repair, ordinary wear and tear excepted immediately upon
termination of employment for any reason. Each employee will be required to sign a
receipt for such property in the form attached at the end of this Handbook in the section
entitled "Forms".

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 Smoking Policy
Smoking is not permitted while working. During breaks you may smoke in
designated smoking areas outside the restaurant. Smoking is not permitted in the
restaurant.

Solicitation Policy
Solicitation of any kind is not allowed in the workplace. Customers are not
allowed to solicit to other customers or employees and Wendy’s employees are not
allowed to solicit to co-workers or customers. The distribution of literature of any type
is also not permitted.

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 Weapons Policy
In order to maintain a safe work environment, it is the policy of Wendy’s that no
employee be permitted to possess or carry any weapon of any type, including a
concealed firearm or other deadly weapon on Company premises at any time or under
any circumstances. "Company premises" means and includes the restaurant building
and the parking lot. Any violation of this policy will result in immediate termination
and prosecution where provided by law.

Alcohol and Drug Abuse Policy

Employees who use illegal drugs or abuse alcohol tend to be less productive, less
reliable, and more prone to accidents and generally have higher levels of absenteeism
and tardiness. Wendy’s is committed to maintaining a workplace for its employees that
is free from such drug and alcohol use or abuse. Wendy’s will not tolerate the use or
possession of alcohol, illegal drugs or controlled substances on its premises. We also
will not allow persons “under the influence” or appearing to be “under the influence” to
work. To assure compliance with this policy, the following rules apply:

• The manufacture, possession, distribution, transfer, sale, use of or being under the
influence of alcoholic beverages or illegal drugs or controlled substances, on
Company premises, during working hours, while conducting Company business
or while operating a vehicle or machine leased or owned by Wendy’s is
prohibited.
• If you suspect that a co-worker is violating this policy, it is your responsibility to
report this activity immediately to the manager on duty or to the Speak Out
Hotline at 1-888-9-SPEAK OUT (1-888-977-3256). Your report will remain
confidential.
• Wendy's may, without notice, require an employee to undergo testing for
evidence of the use of alcohol, illegal drugs or other substances if, in the opinion
of Wendy's management, there is reasonable suspicion that the employee is under
the "influence." It is a condition to continued employment for an employee to
submit to substance abuse testing (i) when the employee is involved in an
accident, (ii) as part of a follow-up program for drug or alcohol abuse, and (iii)
when there is reasonable suspicion to believe that the employee is illegally using
drugs or abusing alcohol.
• Any employee who violates this policy is subject to disciplinary action up to and
including immediate termination.

Personal Hygiene and Dress Code

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 Personal appearance and good hygiene are important in the food service business.
The following are Wendy’s standards for dress and personal hygiene that must be
followed by all Team Members and Team Leaders:

Uniforms
Wendy’s will provide you with shirts, hats, aprons and a nametag. It is your
responsibility to keep these items clean and neat. All uniforms supplied by Wendy’s
must be returned upon termination of employment.

• Employees are required to wear an authorized Wendy’s uniform, which consists

of a shirt, hat, apron, nametag, proper pants, socks and shoes. All parts of the
uniform should be clean and in good repair and worn during all hours of
work. Management reserves the right to prohibit any items considered
obscene or offensive, including but not limited to tattoos, piercings, hair,
apparel or jewelry.
• Shirts must be tucked in.
• Pants should be a dress-style and black, in good repair and without
ornamentation. The following types are NOT permitted:
- Cargo-style - Denims or Jeans - Shorts
- Stretch - Athletic - Capri’s
• Belts should be worn if pants have belt loops. Pants must be worn at or above the
waist.
• Shoes must be slip resistant, Shoes must be dark colored and have a solid or
leather “upper” closed area.
• Socks must be worn.
• Jewelry should be kept to a minimum. The following criteria regarding jewelry
will be upheld in compliance with Safety and Food Safety Standards and should
not be deemed offensive to our customers.
- Earrings should not be larger than a nickel.
- Necklaces may not be worn on the outside of the shirt.
• Hats or visors must be worn by all Team Members and Team Leaders during
work hours. Skull caps or ‘do rags’ are not permitted.
• Only clean Wendy’s sweaters, sweatshirts and jackets may be worn over the
uniform during work hours.
• It is permissible to wear a clean, dark color, long-sleeved turtle-neck beneath
the uniform shirt in cooler weather.

Personal Hygiene

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 Good personal hygiene practices are a must for ensuring that we are serving our
guests the safest food possible. They are also an example of respect towards our fellow
coworkers and contribute to a clean wholesome image.

The following practices apply to all Team Members and Team Leaders to promote
good personal hygiene:

• Proper hand-washing procedures must be adhered to.

• Gloves must be worn when directly handling any food products.
• Employees must shower or bathe before coming to work.
• Deodorants, anti-perspirants, perfumes or colognes should be used if needed, but
not in excess.
• Hair is to be clean and neat. It must be restrained (tied back or put up) if longer
than the top of the shirt collar.
• Employees must be clean-shaven. Beards or goatees are not permitted.
Mustaches and sideburns must be neatly trimmed.
• Fingernails must be clean and well kept for sanitary reasons.
• Employees wearing nail polish or false nails must wear gloves when handling
food.
• All cuts, boils or open wounds must be properly bandaged and covered by gloves
if they are on the hand.
• No gum chewing is allowed during work hours.
• Tobacco may not be used during work hours or at any time within the restaurant.
• Food and drink may only be consumed during non-work hours (while clocked
out) in the dining room, employee break area, or outside.
• Coats, jackets, sweaters and any other personal belongings must be stored in
approved areas away from food prep/storage. The Company is not responsible
for loss of or damage to personal belongings.

Any employee reporting to work without the proper uniform or failing to practice
good personal hygiene will not be allowed to work his/her scheduled shift. Repeated
offenses could lead to disciplinary action leading up to and including suspensions and
termination.

Contagious Diseases
As you will be involved in the handling of food, it is important that you do not
work if you have contracted any contagious illness. If you have a contagious illness,
you must notify the manager on duty immediately. This information will be kept
confidential if and to the extent possible.

B.F. Companies Food-borne Illness Guidelines

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 As a provider of millions of meals a day, Wendy’s strives to provide safe and
wholesome food to our customers. As an employee handling food for consumption by
our customers, you play a significant role in this process.

For this reason it is very important for you to report any symptoms associated
with food-borne illnesses, such as an intestinal illness (nausea, diarrhea, vomiting,
jaundice, sore throat and fever) or skin infection (open boils, sores) to your General
Manager, supervisor or person in charge, prior to starting your work day or immediately
upon the onset of any of the above symptoms.

Equally as important you should notify your supervisor if any person living in the
same household with you has been exposed to or confirmed by a doctor to have any of
the following food-borne diseases:

1) Salmonella,
2) Shiga toxin-producing E. coli,
3) Shigella, or
4) Hepatitis A
5) Noravirus

In either situation you may be asked to see a doctor, sent home depending upon
your symptoms or be temporarily placed in a non-food handling position until you are
free of the symptoms (in accordance with the FDA’s 2001 Model Food Code or the
applicable State requirements, whichever is more restrictive) or obtain written
authorization from a doctor allowing your return to work.

Wendy’s goal is to serve wholesome food to the public and to guard against the
likelihood of food-borne disease transmission. As a valued member of the Wendy’s
team your assistance in achieving this goal is essential. We appreciate your cooperation
and understanding of this important aspect of Wendy’s business.

Employee Communication
Meetings:

Employee meetings will be held to provide you with information about new
products, procedures and policy changes. Your attendance at these meetings is very
important. You will be paid for your time.

Open Door Policy:

If you have any concerns or problems with your job, you are encouraged to
discuss these situations with your General Manager. Your General Manager has an
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open-door policy and is willing to meet and discuss with you privately any concerns you
may have. If after addressing your concerns with your General Manager you do not feel
the situation has been resolved to your satisfaction, you are encouraged to contact your
District Manager.

Speak-Out Program:

The Speak-Out Program is designed so that you may take your ideas or concerns
to a higher level. If you feel you have tried to address your issue with your General
Manager and have not gotten a satisfactory response, you may contact your District
Manager or you may also call the 1-800 number listed on the Speak Out poster located
on the employee bulletin board in your restaurant.

Your comments will be kept confidential to the extent possible and there will be
no retaliation.

Employee Bulletin Board:

This board is used to post announcements, work schedules, and other important
notices. You should check this board daily.

Social Media Policy

While our employees are prohibited from using any social network or social
media sites while at work, B.F. Companies recognizes that many of its employees use
social media such as Facebook, Twitter, LinkedIn, YouTube and MySpace outside
work. An Employee’s use of social media outside work could, however, become a
problem if it:
• Is used to harass or discriminate against other employees or our guests
• Contributed to or creates a hostile work environment
• Divulges confidential information about the Company, our employees or
our guests
• Harms the goodwill and reputation of the Company

In order to ensure that B.F. Companies and its employees adhere to their ethical and
legal obligations, employees are required to comply with this Social Media Policy. The
intent of the policy is not to restrict the flow of useful and appropriate information, but
to protect the Company’s confidential information and property, including trademarks,
and to minimize the risk to the Company and its employees of unlawful discrimination,
harassment and invasion of privacy. The Company’s Social Media Policy applies to all
forms of online communication and conduct. Accordingly, employees must follow the

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following rules when posting on any social networking or media site at any time,
including without limitation, any blog:

1. DO NOT disclose or discuss confidential, proprietary or private information

about the Company or its business plans or projects.
2. DO NOT use the Company’s name, trademarks, logos or other indentifying
marks.
3. DO NOT post a picture of any of the Company’s restaurants, any Company
function or the Company’s trademarks, logos or uniforms.
4. DO NOT imply or state that you represent the Company or that you are
expressing the opinion of the Company in any manner.
5. DO NOT post any comment, description or picture whatsoever involving a
guest.
6. DO NOT post pictures, material or comments that are obscene, vulgar,
unlawfully defamatory, malicious, threatening, harassing, discriminatory or
abusive about or to any Company employee or guest, or involving any of the
Company’s vendors or contractors. YOUR ONLINE CONDUCT MUST NOT
VIOLATE THE COMPANY’S POLICIES PROHIBITING
DISCRIMINATION, HARASSMENT AND OTHER PROHIBITED
CONDUCT.
7. DO NOT reveal any personal information of or about other employees.
8. DO NOT post a picture of any other employee without his/her express
consent.
9. Any comments posted about other employees should be dignified and
respectful.
10.DO NOT disparage any of Wendy’s competitors, or the competitors products,
services or employees.
11.DO NOT engage in conduct online that creates a conflict of interest or
otherwise harms the Company’s business interests.
12.DO NOT engage in conduct online that violates any federal, state or local
laws.
13.BLOGS: Employees who blog:
• Are subject to all of the rules in this Social Media Policy;
• Are personally and legally responsible for the content of their blogs;
• May NOT imply or state that they represent the Company or that they
are expressing the opinion or views of the Company;
• Should act professionally: do not post anything that will embarrass,
insult, demean or damage the reputation of other employees or guests.
14.DO NOT forget that you are responsible for what you write or post on social
media. You can be sued by other employees or any person who views your
posts as harassing, defamatory, libelous or creating a hostile work
environment:
• YES, your online conduct away from work can create or contribute to a
hostile environment at work.
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 • If your online communications adversely affect work relationships, you
could be subject to discipline up to and including termination.
15.Your conduct and communications online can become evidence and be
considered by the Company in any internal investigation of claims made
against you by employees, vendors, suppliers and/or guests alleging
discrimination, sexual harassment and other conduct prohibited by the
Company.
16.Any employee who violates this Social Media Policy may be subject to
disciplinary action, up to and including termination.
17.If you are uncertain about the use or appropriateness of social media posting,
or if you have any questions about this Social Media Policy, talk to your
manager or call Dale Bruner in the Company’s Nashville office at
615-399-9700 or the Company’s legal department in the Louisville office at
502-254-7130.

Your Confidential Information

In order to protect your privacy, except as otherwise required by law, Wendy’s
will not divulge information about your employment except name, job title, hire date
and termination date, if applicable. Your address, telephone number and compensation
will not be provided unless you have given prior written permission, or as required by
law.

Employee Counseling
Wendy’s Counseling Program has been instituted to make sure that you
understand what is expected of you. It is designed to encourage individual employees to
maintain an acceptable level of conduct rather than to punish them. Wendy’s
Counseling Program may take the following steps:
 A verbal warning
 A written warning
 A second written warning
 Suspension and or termination

Each circumstance is unique and depending upon the facts of the case, any or all of the
above steps may be by-passed by Wendy’s should it be deemed appropriate. If an
employee refuses or fails to sign a written warning, the warning is still valid and will be
kept in the employee's personnel file.

Sexual and Other Unlawful Harassment

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 THE COMPANY ABSOLUTELY PROHIBITS ANY FORM OF SEXUAL
OR OTHER HARASSMENT BY ANY PERSON IN THE WORKPLACE
(INCLUDING EMPLOYEES, MANAGERS, CUSTOMERS, SUPPLIERS,
VENDORS AND CONTRACTORS), WHETHER DIRECTED AT ANOTHER
EMPLOYEE, A CUSTOMER OR A COMPANY VENDOR, SUPPLIER OR
CONTRACTOR.

Sexual harassment is defined as any unwelcome sexual advance, request for

sexual favors, and other verbal or physical conduct of a sexual nature in the workplace.
Submission to or acceptance of this behavior or to any other unwelcome verbal or
physical condition of a sexual nature is not a condition of employment. It is a form of
illegal sexual harassment prohibited by state and federal law and will not be tolerated by
the Company under any circumstances.

Sexual harassment includes:

• Unwelcome conduct of a sexual nature that interferes with another

person’s work performance or creates an intimidating, hostile or offensive
work environment. Such conduct includes unwelcome sexual
propositions, pornography, vulgar language, sexual touching, degrading
comments and embarrassing questions or jokes.
• Personnel decisions (i.e. promotions, raises, scheduling) made by a
supervisor based on the employee’s submission to or rejection of sexual
advances.
• Submission to a sexual advance as a condition of keeping or getting a job,
whether or not expressed in explicit terms.

ALL CONDUCT OF A SEXUAL NATURE, INCLUDING JOKES AND

VULGAR LANGUAGE, BELONGS OUTSIDE THE WORKPLACE AND WILL
NOT BE TOLERATED BY THE COMPANY. If you are subjected to or experience
any form of sexual harassment or if you observe sexual harassment occurring around
you (even if you're not the object of the harassment) at the workplace (whether by
another Company employee or official, or by any supplier, contractor or customer of the
Company):

• You are REQUIRED to promptly report the harassment to the Company

by calling the Speak Out Hotline at 1-800-9-SPEAK OUT (1-888-977-
3256). You are encouraged to call the Hotline, as it is answered 24
hours per day, 7 days per week.
• If you are not comfortable calling the Speak Out Hotline, you may also
report the sexual harassment to your District Manager, your Director of
Area Operations or to the Company's Human Resources Director or
Corporate Counsel. Telephone numbers for each are listed on the
employee bulletin board in your restaurant.

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 • You will be required to either prepare and submit a written statement
describing the incidents of harassment or to give a statement to the
Company official assigned to investigate your claim.
• The Company will take immediate steps to investigate all claims made.
• The Company will take appropriate corrective actions for all
substantiated claims.
• Your claim will be kept confidential except and to the extent needed to
investigate the claim.
• No form of retaliation against you for making the claim in good faith
will be tolerated by any Company official or employee.
• Any Company employee or official found to have engaged in any form
of sexual harassment is subject to disciplinary action, including without
limitation verbal warnings, written warnings, suspension without pay, re-
assignment, demotion and termination.
• The current names and telephone numbers of your District Manager,
Director of Area Operations and the Company's Human Resources
Director and Corporate Counsel are listed on your employee bulletin
board.

Similarly, any verbal or physical conduct of a racial, religious, ethnic, age, or

handicap nature will not be tolerated by the Company under any circumstances. This
includes verbal slurs. Harassment of this type also unreasonably creates an
intimidating, hostile, and offensive work environment. If you are subjected to or
experience or observe any form of verbal or physical conduct of a racial, religious,
ethnic, age or handicapped nature, you are required to report it in the same manner as
above provided for claims of sexual harassment.

Rules of Conduct
There are certain accepted standards of conduct and behavior that all employees
must observe in order to preserve and ensure the safe, efficient and successful operation
of Wendy’s. In order to assist you in understanding what Wendy’s expects of you in
this respect, and in addition to any other policies set forth in this Handbook, the
following rules have been established as examples of unacceptable conduct which may
result in immediate termination. This list is not intended to be all-inclusive, and there
are other acts that could subject an employee to immediate termination.

• Falsifying or tampering with any restaurant record.

• Abuse or misuse of restaurant property or the property of other employees or
customers, including the giving away of food without payment.
• Theft of Wendy’s property or the property of other employees or customers.
• Consuming, selling or possessing alcoholic beverages or illegal drugs on the
restaurant premises or reporting to work under the influence of either.
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 • Immoral or indecent behavior on the restaurant premises.
• Insubordination or argumentative reluctance to perform duties assigned to you.
• Disrespect towards customers and/or physical violence towards a customer.
• Willful refusal to follow safety rules.
• Physical violence on restaurant premises.
• Falsification of your employment application.
• Falsification of hours worked or punching another employee in or out.
• Dishonesty
• Gambling on restaurant premises.
• Use of Wendy’s supplies, equipment or property for personal reasons without
prior specific authorization.
• Sleeping on the job.
• Leaving the restaurant premises without being properly relieved of duty.
• Conviction of a felony or a misdemeanor involving force or dishonesty.
• Failing to cooperate with a Wendy’s representative in any investigation, including
the investigation of any suspected criminal act.
• Failing to observe established fire, safety, security, civil defense, OSHA, or other
similar rules and practices.
• Making or publishing false, vicious or malicious statements about Wendy’s or
any of its employees or management.
• Fraternization or dating in violation of the rules set out in this Handbook.
• Engaging in conduct which constitutes sexual harassment or any other form of
harassment, whether directed at another Wendy's employee, a customer, vendor,
supplier or contractor.
• Disclosure of any confidential information regarding the Company, including but
not limited to financial data, customer plans, specifications and formulas,
customer lists, technology and processes.

Employee Rights and Responsibilities under the

Family and Medical Leave Act ("FMLA")

Wendy's is a "covered employer" under the FMLA, and complies with the
requirements of the FMLA. Your rights and responsibilities under the FMLA are
described in this section.

Basic Leave Entitlement

FMLA requires covered employers to provide up to 12 weeks of unpaid, job-protected
leave to eligible employees for the following reasons:
• For incapacity due to pregnancy, prenatal medical care or child birth;
• To care for the employee's child after birth, or placement for adoption or foster
care;

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 • To care for the employee's spouse, son or daughter, or parent, who has a serious
health condition; or
• For a serious health condition that makes the employee unable to perform the
employee's job.

Military Family Leave Entitlements

Eligible employees with a spouse, son, daughter, or parent on active duty or call to
active duty status in the National Guard or Reserves in support of a contingency
operation may use their 12-week leave entitlement to address certain qualifying
exigencies. Qualifying exigencies may include attending certain military events,
arranging for alternative childcare, addressing certain financial and legal arrangements,
attending certain counseling sessions, and attending post-deployment reintegration
briefings.

FMLA also includes a special leave entitlement that permits eligible employees to take
up to 26 weeks of leave to care for a covered servicemember during a single 12-month
period. A covered servicemember is a current member of the Armed Forces, including
a member of the National Guard or Reserves, who has a serious injury or illness
incurred in the line of duty on active duty that may render the servicemember medically
unfit to perform his or her duties for which the servicemember is undergoing medical
treatment, recuperation, or therapy; or is in outpatient status; or is on the temporary
disability retired list.

Benefits and Protections

During FMLA leave, the employer must maintain the employee's health coverage under
any "group health plan" on the same terms as if the employee had continued to work.
Upon return from FMLA leave, most employees must be restored to their original or
equivalent positions with equivalent pay, benefits, and other employment terms.

Use of FMLA leave cannot result in the loss of any employment benefit that accrued
prior to the start of an employee's leave.

Eligibility Requirements
Employees are eligible if they have worked for a covered employer for at least one year,
for 1,250 hours over the previous 12 months, and if at least 50 employees are employed
by the employer within 75 miles.

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Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental
condition that involves either an overnight stay in a medical care facility, or continuing
treatment by a health care provider for a condition that either prevents the employee
from performing the functions of the employee's job, or prevents the qualified family
member from participating in school or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a

period of incapacity of more than 3 consecutive calendar days combined with at least
two visits to a health care provider or one visit and a regimen of continuing treatment, or
incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions
may meet the definition of continuing treatment.

Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be
taken intermittently or on a reduced leave schedule when medically necessary.
Employees must make reasonable efforts to schedule leave for planned medical
treatment so as not to unduly disrupt the employer's operations. Leave due to qualifying
exigencies may also be taken on an intermittent basis.

Substitution of Paid Leave for Unpaid Leave

Employees may choose or employers may require use of accrued paid leave while
taking FMLA leave. In order to use paid leave for FMLA leave, employees must
comply with the employer's normal paid leave policies.

Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when
the need is foreseeable. When 30 days notice is not possible, the employee must
provide notice as soon as practicable and generally must comply with an employer's
normal call-in procedures.

Employees must provide sufficient information for the employer to determine if the
leave may qualify for FMLA protection and the anticipated timing and duration of the
leave. Sufficient information may include that the employee is unable to perform job
functions, the family member is unable to perform daily activities, the need for
hospitalization or continuing treatment by a health care provider, or circumstances
supporting the need for military family leave. Employees also must inform the
employer if the requested leave is for a reason for which FMLA leave was previously
taken or certified. Employees also may be required to provide a certification and
periodic recertification supporting the need for leave.

Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible
under FMLA. If they are, the notice must specify any additional information required

25
as well as the employees' rights and responsibilities. If they are not eligible, the
employer must provide a reason for the ineligibility.

Covered employers must inform employees if leave will be designated as FMLA-

protected and the amount of leave counted against the employee's leave entitlement. If
the employer determines that the leave is not FMLA-protected, the employer must
notify the employee.

Unlawful Acts by Employers

FMLA makes it unlawful for any employer to:
• Interfere with, restrain, or deny the exercise of any right provided under FMLA;
• Discharge or discriminate against any person for opposing any practice made
unlawful by FMLA or for involvement in any proceeding under or relating to
FMLA.

Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a
private lawsuit against an employer.

FMLA does not affect any Federal or State law prohibiting discrimination, or supersede
any State or local law or collective bargaining agreement which provides greater family
or medical leave rights.

FMLA section 109 (29 U.S.C. § 2619) requires FMLA covered employers to post
the text of this notice. Regulations 29 C.F.R. § 825.300(a) may require additional
disclosures.

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 Receipt of Employee Manual
I hereby acknowledge that I have received a copy of the Wendy’s Employee
Handbook, I have reviewed the policies and procedures contained therein and that I
understand them. I also agree to abide by the policies, procedures, practices, rules and
regulations described in this Handbook. In addition, I understand that this Handbook is
not intended as an express or implied contract of employment and should not be
construed as such. Wendy’s reserves the right to revise, supplement or delete any
benefits, policies, procedures, provisions and guidelines in this Handbook, in whole or
in part, at anytime.

I further understand that Wendy’s adheres to the “employment-at-will” doctrine,

which essentially means that I, as well as Wendy’s, am free to terminate this
employment relationship at any time for any reason, with or without cause, but subject
to prior written notice from me if I terminate my employment. I understand that my
employment is for an indefinite period of time. The employment-at-will doctrine will
govern my employment at Wendy’s and our relationship so long as I am an employee.
By my signature, I acknowledge that Wendy’s will rely upon the representations and
agreements which I have made herein.

Miguel Villanueva

Employee Signature
391195062

Employee Social Security No.

07/12/2015

Date

Retain in Employee File Revised April 2013

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