Former Employee becomes a Rival Without a Non-Compete Agreement — What Should I Do

Here’s an unusual but not unheard of situation. A team member leaves your company only to go off and form a rival business. Making matters worse, there’s no non-compete agreement in place. Perhaps you never considered one, or thought it unnecessary. Whatever the case, your former employee is now a direct competitor — so, what should you do?

Legal Action might Not be the Best Action

The reflexive answer might be to sue. However, this will be very costly and challenging. Without an explicit non-compete agreement, you’ll have to prove with documented evidence that he or she used proprietary methods, and/or work product, and/or more, in order to start his or her business and poach customers. In other words, it will be a very expensive and uphill proposition that doesn’t have more than a 50/50 chance of succeeding.

When the employer faces a worker that engages in certain activities, he or she may need to sue the person for the actions that lead to the individual becoming a competitor. Many of these circumstances involve the employee acting in direct violation of company policy or the state or federal laws by stealing information from the company or poaching clients. —HG.org

That means you’ll have to find another way to deal with the situation. Since you’re probably not going to persuade him or her to give up their newfound success, or come back to work for you, what alternatives are there? Well, it really depends on your relationship as it stands now.

How to Deal with an Ex-Employee Who is Now a Competitor

When a former employee becomes a competitor, it can stir up a number of emotions. You might feel proud, if this was the plan all along. But, if it came out of the blue, chances are excellent that you will feel angry and even cheated. Fortunately, there are ways to deal with an ex-employee who becomes a business rival:

  • Talk about establishing some mutual boundaries. Although there was no arrangement in-place prior to his or her departure, that doesn’t mean that you can’t come to some agreement now. Speak with him or her about establishing some ground rules. Perhaps, you both can offer different variations of what is essentially the same within the industry. For instance, you take on one type of client, why he or she takes on another. Or, you agree not to cross certain geographic boundaries.
  • Form a strategic alliance. Here’s another idea — work together, yet separately. If the above suggestion isn’t feasible, then there’s no reason you can’t work together, behind-the-scenes. For example, you might be able to serve clients in one capacity, while he or she serves them in another. Yet another alternative is to work in tandem, where you pick up where he or she isn’t available, and vice-versa.
  • Shift your focus. This just might give you the opportunity you’ve been waiting for, for some time. You can look at it as a blessing in disguise to transition from one business model to another. Perhaps you’ve wanted to take the company in a different direction, but have been unable to fill the void. Now, there’s someone to do just that, freeing you to pursue new things.

What other suggestions do you have to deal with such a situation? Please take a moment to share your thoughts and experiences so others can benefit from your prospective!

Interested in learning more about business? Then just visit Waters Business Consulting Group.

Like this article?

Share on Facebook
Share on Twitter
Share on Linkdin
Share on Pinterest

Related Posts

3 Effective Strategies for Dealing with Networking Fears

Networking fears are far more common than people think. Having jitters when out at a conference, while professionals get together, or any other event, can make even the most astute business person feel overwhelmed. It’s difficult for some people to get past their nervousness, and they wind up avoiding everyone else, which completely defeats the purpose of being out-and-about in the first place. But, you don’t have to be paralyzed by anxiety, if you rely on some effective coping methods. Why Business Networking is Important Everyone starts somewhere in business, which is to say at the bottom. Most people don’t open a business and get flooded with tons and tons of sales right away. So, it is necessary to get you and your brand out in front of the public and networking is a great way to build a reputation. Everyone experiences bouts of networking anxiety! Rather than avoiding a handshake or resorting to only interacting with your smartphone when you’re at a conference, use [proven techniques] to face your networking fears head-on. —Inc.com It’s also a terrific way of keeping your interpersonal skills sharp, as well as learning your preferred choice for dealing with awkward situations, including breaking the ice. Ultimately though, it’s about building a network of contacts that can benefit your business, as well as those of others to be a help to them, thus building a two-way, win-win street. 3 Effective Strategies for Dealing with Networking Fears It’s quite common for people to experience at least a small or slight level of apprehension when networking. Of course, some have more severe anxiety than others, but there are effective ways of dealing with these types of feelings. Here are some of the best ways to deal with networking fears: Ground yourself in reality. Start by asking yourself, “What’s the worst thing that can happen?” You already know the answer but your fears can get in the way. When you feel nervous and apprehensive, it’s very easy to blow things out of proportion. Rest assured there is really nothing to be afraid about. Open yourself to other options. Networking doesn’t have to be done at large events with dozens upon dozens or scores galore of people. Instead, think of some alternatives, like having breakfast or lunch one-on-one. Or, get together in a small group of just a few individuals, instead of having to brave a super-sized group of people. This strategy works best for people who are afraid of large groups, especially those who like to avoid a chaotic fish bowl. Be confident in your value to others. The best source of strength you’ll have in any networking situation is to be confident in what you have to offer others. You do have something of value and are competent in your wheelhouse. So, draw on you are sense of confidence in order to project an attractive and positive energy. What other advice do you have to deal with networking fears? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Read More »

Learn this Uber London Quebec Business Lesson Right Now

Uber just lost its operating license in London. Then, Quebec passed tough new regulations. That caused Uber to announce a cessation of operations starting next month. There are many cities, municipalities, and unions suing Uber. Their claim is the ride-share company isn’t restricted by the same rules as taxis and like services. However, Uber remains popular with the public. It provides a different experience and often for a lower cost. But, it is definitely learning taking on government regulations is no easy task. 4 Helpful Tips for Entering a Regulated Business Industry You might want to start a business to help people. And, that’s what many others do successfully. Although, if it’s in a heavily or even a moderately regulated industry, you’ll face several extra obstacles than entrepreneurs in different fields. The truth of the matter is, starting a business in any industry presents inherent risks. But, this certainly doesn’t mean it’s impossible. If you’re building a new social network, creating a tech-enabled food delivery business, or developing an artificial-intelligence translation tool, there aren’t many demanding rules to adhere to. But if your startup deals with issues such as health care, finance, or education, things can be rather more difficult. —MIT Technology Review It’s actually far from impossible. You just have to be realistic and pragmatic. In fact, you need to take many things into account before you jump into a regulated industry. After all, you’re chances of stumbling or outright failing are undoubtedly higher. That’s okay, if you take it as a challenge, you’ll probably get some worthwhile lessons along the way. Here are four helpful tips for entering a regulated business industry: Conduct extensive research. This should go without stating but sometimes the obvious really needs emphasis. You need to conduct a lot of research before you take step one. Knowledge is power and there’s nothing more damaging than ignorance. As the saying goes, “You don’t know what you don’t know.” And, that’s not a place to start. So, do all the research you can. Talk to people already thriving. Chances are excellent there’s already somebody, somewhere succeeding in that particular industry. Find him or her and personally reach out. Be upfront and honest about your ambitions. If you are respectful and open, they’ll be far more generous with important information. Start very small and scale up slowly. One bit of advice that works quite well in every industry is to start small and scale up incrementally. It’s very risky to jump right in, front-loaded with debt, and hope everything works out. So, start small, test the market, get to know it, and grow little by little. Keep abreast of all pertinent regulations. Regulations don’t necessarily stay the same. The rules can change at any time. Understanding and accepting this is key. Do yourself a huge favor and keep up with those changes so you aren’t taken by surprise. Have you built a business in a heavily regulated industry? What other advice do you have? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group. [shareaholic app=”follow_buttons” id=”26833294″]

Read More »

How to Turn Your Idea into a Business

It’s easy to turn your skills into a business. That’s one thing. You already have methodologies and experience. But, what if you just have an idea? Something you can’t seem to shake? It’s there day-in and day-out. You simply can’t get it out of your head. But, you’re afraid to tell anyone because you’re not sure it has merit. Or, it’s a take on something else that’s a proven model. Whatever the case, you’re eager to turn your idea into a business. How to Know when It’s Time to Start a Business The biggest barrier people have to starting-up a business isn’t money. It’s not a lack of motivation. The largest barriers are self-imposed. It’s over thinking things. In other words, a kind of paralysis by analysis. People come up with all sorts of reasons they can’t start a business. Funds. Time. Competition. Take your pick because there’s no lack of excuses. Which ultimately, that’s what these so-called reasons really are in practice. Ideas are just ideas. An idea is the seed of a successful product or service. Without proper care and maintenance, it will not bloom. Ideas require solid research of the target market, a good strategy and a sound business plan, without which, ideas cannot go much further. If you want to start a business and make a go of it, you need more than just an idea. —Entrepreneur.com We’ve all heard the success stories about entrepreneurs who didn’t give up. Take Walt Disney for example. Turned down by lender after lender, he never gave up. So many years later, we all see his crazy idea as a terrific business. Now, those theme parks are the best of the best. But, it all started with an idea — nothing more. How to Turn Your Idea into a Business Of course, you might not think your idea is necessarily business worthy. However, you don’t know until you give it a genuine try. Although it’s intimidating, there’s a big reward just waiting if you put in the effort. Here’s a few suggestions for how you can turn your idea into a business: Ask friends and family for feedback. Don’t let fear stand in your way. Your idea needs feedback. If you speak with a few people about it, you’ll learn something interesting. This is a great way to flesh it out. And, it might even give you more ideas that contribute in a wonderful way. Try to find working versions of it. If your idea isn’t out there as a reality yet, chances are excellent there’s something like it. Look for similar businesses and see how they operate. Even if it’s a new take on a common business model, you’ll learn through some simple research. Start by giving it away for free. Next, put it into action. Set aside some time to give it away for nothing (or a very cheap price). When you put it into practice, you’ll see where it naturally takes you. And, you’ll also learn if it can actually be monetized. Be ready to rework it along the way. Of course, you’ll need to give yourself permission to make mistakes. Use them to your advantage to better the service or product. As you do it over and over again, you’ll refine the process. What other suggestions do you have to turn an idea into a business? Where did you start your company? How can someone set up for success with just an idea? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Read More »