Subway Restaurants - Doctors Associates Terminated my contract over a ladle Milford Connecticut

10/26/2016, I started an application for Subway Restaurant, and got email replied by Joe Richardson Jr in Email.

11/2/2016, I was assigned to take a math test located in New Jersey, even through I live in New York City and the store is also located in New York. and I was told the ownership transfer would take roughly about 3 months.

11/9/2016, I was informed by Amber, I have passed the test, and I was told to prepare documents 

11/30/2016, I was confirmed they have received all document required including:

1. Bank Financial Statements

2. My husband Financial Statements

3. Affidavit

4. Accounttant Letter

5. Expense sheet

6. Purchase Consideration Form

7 English Financial Statements Fillable(R)

8. Business Analysis

9 Marketing Plan

1/3/17, I thought the closing date is about to due, and want to find out what is the training date, then I was told "Please contact Tiffany, she took over your file and is the contact for HQ.", and I did contact Tiffany.

1/4/17, I was told I have to re-submit my application that I submited on the date of 10/26/2016, and Amber is no longer handling my application, and I literally have to re-submmit all my documents and start over again.

the reason I asked, but basically saying there are a lot of change in my area, inccluding territory manager has changed, sorry for the inconvience. and I just quit my job and wasted 3 months doing nothing, and waste another 3 months.

3/1/17, We were told "Congratulations! Your contract for Subway #30011 has been approved, it will now be moved to the next stage which is the preparation of the consent and the closing documents"

4/26/17, We received a pass from Subway after training at Connecticut for a week.

5/23/17, I received a notice from subway by Email "It came to my attention when finalizing the transfer paperwork for 30011 that there were some documents that were incorrectly uploaded that we had you sign. This oversight was due to the new disclosure documents that were released on May 2. As a result, the documents we had you sign are not valid. We need you to sign the correct documents in order for the transfer to be valid."

Basically saying, another f***** up which I'm really used to.

5/24/17, I finally officially took over the store.

I sent emails to my previous contact regarding who is my current Territery Manager and who is my field consutant, as a new owner, I need help from subway, since I have only 1 week of training and the people I hired have 0 experience, and it is stated in the Franchisee aggrement, We will get help for new store opening, but not a single f****** reply.

6/23/17, I meet my field consutant whose name is Aaron. He was surprised to see new face in the store, and he literally told me he has no idea there is a change of ownership. I complained about the shitty work they've been doing, and leave me dry out here with zero assistant, and letting myself figuring everything out. He replied "You had your training in Connecuticut, didn't you?" I replied "that is a 3 days training in store, and 4 days training in front of a computer, do you expect someone who had 0 previous restaurant experience and all the sudden I can do it all by myself？" He said"yes, or you shouldn't pass" 

Afterwards, he spent 7 hours at the store, but not helping, he was sittin there like he is performing a audit wrote everything he could possibly find in the report

1. Sauce do not have labels/food do not have labels/flatbread in cabinet do not have labels./Cambros have no labels/bread topping powder have no label and opened (Product Dating: Safety)
2. Cold line is not cold enough (Equipment, Product Temperature: Safety)
3. Food on hotwell is too hot(Product Temperature: Safety)
4. Cookies are flat/Cookies are dark/Rotisserie Chicken is not prepared properly/No fresh bread after open 2 hours(Product Preparation)
5. Incorrect amount of veggies are being placed on sandwich, the formula is 6 tomato, 6 cucumber 6 green pepper, 6 pickles etc.(Product Quality)
6. Guacamole is being in original bag instead of Cambro/Roast Beef is cut/Dough bread is directly contacting the metal pans(Product Preparation)
7. You do not have Fuze tea or X2 Straberry for sale (Approved products)
8. you do not have #30 scoop for Guacamole(Equipment)
9. You have a non-approved residential-grade microwave(Equipment)
10. Nemco Slicer cannot be disassembled for cleaning, therefor, you have to buy a new one, which is around 300 Dollar + tax + shipping fee.(Equipment)
11. The Ice machine is not making enough Ice, need fix or repplacement as it is a necessary ingredient in fountain drinks and your shop must supply it.(Equipment)
12. Your WISR report for 6/20, no record for Soup, monterrey Chadder cheese, juice, pizza, or turket. (Record Keeping/POS)

I have bolded the ones with equipment issues in the evaluation, and I asked him "I just got this store, a lot of things I can't run well without your assistant, if you show up before the evaluation report like you suppose to and fixed the wrongdoing at beginning, you won't have to write such a long report. And Why none of those equipments issues were shown in previous owner's store report?" then he said "I just know there is a change of ownership, I wasn't informed that this is a new store, but I will schedule a 1 week training for you. As for the equipment failures he can't spot everything at once" then I asked him "Why none of those equipment issues have never come out in any monthly report in the last 6 months, yet the moment I took over, all showed up? Why I was told by Amber, Jose and Tiffany the store equipment is function, otherwise it will show up in monthly evaluation reports?" then he goes "Wellllll, that is not entirely true." Anyway, I do not want sue nor can I, since I have signed the franchisee aggrement, is there is a issue, I can't go to court, I can only go to Connecticut and hire and lawyer to go through the arbitration which very is very costly and heavily in their favor, so I let it go, and fixed everything that was promised to be function.

7/27/17, second evaluation. and I feel like totally trolled by the same field consultant.

1. employee have given deli paper with wrapped sandwich, we do not include the deli paper with sandwich.(Product Preparation)
2. lock of your NEMCO slicer is broken, the only solution at this point is to replace the slicer. (Equipment / Cleanliness Interior & Exterior)
3. WISR reports out of variances and inaccurate(Record Keeping).
4. There is a water-damaging ceiling tile over one of your ceiling, if there is a leaking we need inspect and hire licensed profesisonals, contact landlord if necessary (turns out there is a few hole at the ceiling, really big ones, and it attached to my residents above my store, sth only landlord can fix, but I was told by landlord I should be the one fixing it, yet subway is telling me landlord suppose to fix it, either way it is still there as today 04/09/2018). (Decor/Design/Signage)

Pissing me off to write something on evaluation reports that can't be fixed or forcing me to fix for trouble obviously caused by them at my own cost.

8/21/17, third Evaluation,

1. Your Guacamole is being hold in original bag in a Cambro, I understand a decision like this is based out of a desire to keep the Guacamole from oxidizing and going brown, but this is not how subway Intends the item to be hold. (So another words, even this is a better way to preserve guacamole, but Subway doesn't want it to be, Subway just want it looks fresh instead of actual fresh?) (Food Preparation)
2. Slicer is still broken.(Equipment)
3. Subway App offering no Honey Oat Avaiable.(Approved Products/Products Offered for Sale)
4. day hours suppose to be 7AM - 10PM from M - F, and 8 AM - 10 PM Sat, and 9 AM - 10 PM Sun.(Days & Hours of Operation)

8/22/17, we receive "Notice of Default", and below are the key factors in this letter:

You are in default of paragraph 5.b. because you have failed to maintain the restaurant in compliance with the SUBWAY Operations Manual. Specifically, according to the August 21, 2017 evaluation, your store is out of compliance in the following area(s):

1. Product Preparation
2. Cleanliness Interior & Exterior
3. Approved Products/Products Offered For Sale
4. Equipment
5. Record Keeping/POS System/Transmission
6. Days & Hours of Operation

You may cure this default by correcting the above-specified conditions prior to the sixtieth (60th) day after your receipt of this notice. In any event, if the corrections are not made by the sixtieth (60th) day after receipt of this notice, your Franchise Agreement may terminate on the ninetieth (90th) day after receipt of this notice without further notice to you.

So basically, I either fix all existing issues or I will be terminated, and I choose let it go and fix all problem with my own money. Bought a new Ice machina cost 3000 Dollar, hired mechanics for chill line, replacing ceiling whenever it rains, and still even im trying my best, this field consultant make sure we fall into probation and made sure we will never be in compliance in those categories.

9/27/17, 4th evaluation (30 day period after receive Notice of Default)

Equipment is out of Compliance:

1. your shop is using 1oz or 2oz ladle to fill 8 oz soup bowls, repalce them with 4oz ladles. (So after I spents thousands of dollar, fixing all I can, he is telling me I do not have 4 oz ladle? I don't even know what the f*** is 4 oz ladle, this has never been brought up and he is just using this ladle as an excuse to keep my in the category, which is EQUIPMENT, afterwards, i have visited 7 other location also supervised by him, they are all using the same 2 oz ladle, I literaly became the only store he supervised usin a 4 oz ladle.)

Record Keeping/POS is out of Compliance:

1. Your temperature log is missing.(Last time was WISR report, this time is temperature log, same tactics he use, which keeps me in the category I'm dyin to get out.)

Days & Hours of Operation is out of Compliance:

1. You close your store at 9pm instead of 10pm (I've been asking this since second evaluation, 2 months not a single word.)

10/26/17, 5th evaluation:

Equipment is out of compliance:

1. Your shop is using a 1oz and a 2oz ladle to fill 8oz soup bowls, which takes way too long.(As in this date 4/9/2018, all stores are supervised by this very same field consultant are still all using 2 oz ladle, except me。I have recorded all videos I purchased soups from other subway restaurants that he also supervises in January 2018.)
2. right-hand light on the beverage cooler door is out.(The Beverage Cooler is provided by Coca Cola, means only Coca Cola have the light to replace it, and I called them, and they keep sending me the wrong one, the physical evidences are still preserved here in the very store, but he doesn't care and wrote it out of compliance.)

He successfully made me into arbitration process, which means I will have to pay more money.

11/14/17, I have received notice of probation, exact content below:

I am contacting you today regarding your Subway® Restaurant. My department sent you a Notice of Default on August 22, 2017 based on compliance violations observed on the August 21, 2017 Restaurant Evaluation Report. That letter stipulated that you had sixty (60) days to resolve all of those identified compliance issues. Unfortunately, not every category was brought back into Full Compliance within that timeframe, and my department sent you a Notice of Probation on November 14, 2017. That letter stated that my department was prepared to file for arbitration against your Restaurant, but also provided you the opportunity to avoid arbitration by entering into probation.

Entering into probation requires that you sign a Probation Agreement. A Probation Agreement will stipulate that your Restaurant must remain in Material Compliance for a period of three (3) months. Material Compliance means that your Restaurant cannot be marked Out of Compliance in any category for two (2) consecutive months. There is a $500 case management fee associated with a Probation Agreement. This fee will be posted to the Restaurant’s pre-authorized account approximately one (1) month after signing the Agreement. Once a signed Probation Agreement is returned, your case will not be filed for arbitration unless you breach the terms of the Agreement.

Please let me know if you would like to enter into a Probation Agreement as soon as possible. Thank you.

So, I was given 2 choices:

1. Admit all fault and pay 500 Dollar plus fine, and let the field consultant check me again next month, if I fail again, I will go into arbitration
2. They will bring me into arbitration and cost me about 5000 Dollar even if I want keep my store.

Normally, I would choose 1st option, but I know for fact, the field consultant is out there to get me, so don't matter how hard I try, I will fail into arbitration anyway, it force me into a position believe the store is not even worth keeping anymore, thus I choose not to pay any fine or admit any faults.

As the time goes by, Subway have filed arbitration in Connecuticut, and there is no way I'd hire a lawyer in New York and travel to Connecuticut for a day or two, the burden is too great. And the worst part is Subway decide all Arbitration will go to the same Arbitration Center which is heavily rely on Subway's business, so how can you possibly believe that is a fair arbitration? 

I'm here to post facts, all contents I post are directly extracted from monthly report by Subway Field Consultant. and I'm tryin really hard to not brig any emotions in writing, but that is the best I can hold for my emotion, I have deleted about 70% unfair treatment since I do not want bore people,  I'm also here to warn those who wants to buy Subway Restaurant in the future, think twice. You will be f**ked by their unfair aggrement, unprofessional so called field consultant, and unfair arbitration prevent you from ever going court, and you will be a b***h has no one to turn. I'm now in the process to terminate my contract, I'd think I'm the only owner who get terminated over a f****** ladle, but maybe not, who knows in this horribly managed family business.