Business Education

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?

How Small Businesses can Prepare for Employee Maternity Leave

September 15, 2022 No Comments

One of your best employees just came in with some exciting news – she’s pregnant and it’s her first! Everyone congratulates her and during the excitement, you begin to realize that this is going to affect your business in a profound way. Panic begins to set in as you think about all the help you’re losing – at least for the short term. Fortunately, it doesn’t have to be so nerve-racking. You can create a reliable plan of action to deal with this momentous occasion. How Small Businesses can Prepare for Employee Paternity Leave, Too Of course, the same could be true for a new father. Your right-hand guy will be out for an extended period of time. Although this is a wonderful occasion, it leaves you feeling quite anxious. After all, this is one of your go-to people and definitely among your top performers. So, where do small firms commonly go wrong when it comes to managing maternity? ‘Some delay unnecessarily, rather than starting to plan and act as soon as they’re told about the pregnancy,’ Cecily Lalloo, an HR expert, replies. ‘This can mean you end up recruiting the wrong person, meaning you’ll have to repeat the process, which wastes time and money.’ —The Guardian Small Business While he’s away with his wife and new baby, all of his work will still have to get done somehow. Even more worrisome, is how you’ll fill that gap, regardless of the amount of time. It’s enough to make anyone feel quite unsettled because this type of news generally comes out of the blue and you’re unprepared for it. However, if you follow the suggestions below, you’ll be able to get through it as smoothly as possible. How Small Businesses can Prepare for Employee Maternity Leave When you’re faced with a maternity leave situation or any type of parental leave, you’ll obviously need a plan to follow. Here are some steps that you can take when this type of situation arises: Create or review your maternity leave policy. If you already have a maternity leave policy, then great, simply review it to ensure that it is up to date and that it will work for your business in its current state of affairs. But, if you don’t have a maternity leave policy, you can create one and customize it to fit your needs. Speak with the mom-to-be one-on-one. The next thing you need to do is to speak with your employee about her plans. Don’t be afraid to ask specific questions, or inquire about her plans to return or leave her position. It’s far better to know than guess, leading to unnecessary confusion and worry. Have her document all her projects and tasks. Regardless if she’s coming back to her position or you need to hire someone else, you’ll need to know exactly what projects and tasks she’s currently working on. Either way, you’ll need somebody to come alongside her in order to be familiarized with her responsibilities so that person can assume her role. Assign one or more backups. If you don’t have someone already on your team who can take over, consider spreading her work among a few people. However, if this isn’t feasible, you should consider bringing in a temporary person. Create or review your transition plan. Lastly, you’ll need to develop a transition plan for her return if she is coming back. This will allow her to ease back into the swing of things without being overwhelmed. What other suggestions do you have for preparing for an employee’s maternity leave? Please take a few minutes to share your thoughts and experiences so others can benefit from your perspective. Interested in learning more about business? Then just visit Waters Business Consulting Group.

The Biggest Pros and Cons of Strategic Partnerships

August 27, 2021 No Comments

A strategic partnership can provide a number of advantages to just about any size business. In fact, it’s the reason that some multinational corporations team up together. Even though they have vast resources of their own, there are often specific tools, appeal to a certain base, experienced skill sets, and more which simply make it more advantageous to partner than do it on their own. Small businesses can likewise benefit from strategic partnerships much in the same way. However, just because there are some distinct advantages doesn’t mean these are always the best choice. Biggest Downsides of a Strategic Partnership There are drawbacks to entering into a strategic partnership. For instance, you must rely on this particular partner to carry out some responsibilities. How, when, and where should obviously be agreed on beforehand. But, this doesn’t necessarily mean it will all go according to plan. Then, there’s the matter of putting your reputation in the hands of another company. If you rely on your strategic partner to represent your business in any way publicly, you are obviously putting a great deal of trust and faith that they will execute accordingly and bolster your company’s name rather than tarnish it. One of the biggest mistakes business owners make is trying to do everything alone. To combat this error, business owners must hire and train the right employees. In addition, they should leverage strategic partners. So what is a strategic partner? A strategic partner is another business with whom you enter into an agreement that aims to help both of you achieve more success. —Forbes.com There is also the possibility that your strategic partner doesn’t truly possess the means and resources you think it does. In other words, you might have to put far more into the relationship than you get out of it. Of course, that would pretty much defeat the entire purpose of teaming up in the first place. Lastly, your strategic partner might be put in a position where they must decide between their own self-interest and their shared interest with your company — you likely know which they will ultimately choose. Biggest Advantages of a Strategic Partnership Of course, strategic partnerships aren’t always bad or no businesses would ever team up together. There are some compelling advantages to partnering with another company. Here are some of the biggest benefits of entering into a strategic partnership: More resources. The single biggest benefit is usually almost instant access to a greater amount of resources. By partnering with another business, you’re essentially expanding your own team and reaching more customers nearly immediately. More versatility. A strategic partnership can also bring with it various skill sets and experiences. Instead of having to seek out individual talent and spend time and effort to bring these things on board from within your own company, you already have an established organization to help your business grow. Different perspective. Perhaps one of the most valuable aspects of having a strategic partner is having another set of eyes and ears to examine situations. Rather than having to rely on just your own judgment, past experiences, and biases, you’ll have someone that has their own interest (and therefore yours too) at heart, which can be extremely beneficial in various sets of circumstances. What other pros and cons of strategic partnerships should be included? Please take a brief moment to leave a comment and share your thoughts and experiences so others can benefit from your strategies. Interested in learning more about business? Then just visit Waters Business Consulting Group.

Network Event Do’s and Don’ts

May 16, 2017 No Comments

Some people have an innate ability to walk into a room full of strangers and start connecting and uncovering business contacts galore. They seem to glide through the room, smiling, freely introducing themselves, while holding conversation. These people know how to read a room and individuals naturally. Then, there are people who move through events quickly, collecting an astounding number of business cards while shaking hand after hand. The difference between the two personalities couldn’t be more stark. One is making new contacts, the other is doing little more than trying to bag new clients. It’s obvious which one will benefit and which one won’t. The purpose of networking events is to do just that: meet new people and have conversations. It’s how you go about it that makes all the difference. Connecting with people is an art form, and, is learned over time. Before there’s any real connection, though, you’ve got to be prepared to meet new people. Network Event Do’s and Don’ts There’s a huge difference between meeting new people and connecting with them. Meeting a group of new people is even more of a challenge than meeting a single person or a very small group. Attending a networking event is something that stirs excitement and anxiety. These events tend to be noisy, where it’s not easy to hold a conversation. What’s more, you’re expected to participate and interact with several people. We network because we don’t work and live in a silo. Due to human nature, we tend to trust doing business with people we know or who are referred to us. People often think of the need to network whenever their jobs are in jeopardy, or whenever they’re in search of new business. —Career Builder When you go to a networking event, you do so to open new doors. There won’t be time to establish a relationship and connect with others, but there will be plenty of opportunity to introduce yourself and hold brief, casual conversations. To accomplish this simple, yet challenging feat, you ought to know the do’s and don’ts of event networking. Network Event Do’s Go prepared. You ought to have a brief list of topics to discuss and/or experiences to share. It’s okay to go over these out loud and practice introducing yourself. Just don’t practice too much, or, it will sound rehearsed and artificial. Keep one hand free at all times. Keep your dominant hand free of snacks, drinks, and other objects. You’ll be able to freely shake hands without having an awkward moment to find a place to temporarily set something down. Know who to approach. Just because someone is standing alone doesn’t mean you ought to rush over to approach. Take a moment to read his or her face and body language. When you do make eye contact, confidently approach and introduce yourself. Look for opportunities to offer help. One of the most powerful and likable gestures is to ask questions and offer your assistance. Only offer to help when it’s realistic and be sure to follow-up. Don’t make the mistake of over-promising or over-extending. Network Event Don’ts Believe collecting business cards is a measure of success. Remember, the purpose of attending these events is to meet people — not just to collect business cards. If that’s all you accomplish, the whole exercise is for naught. Be on the lookout for someone else while speaking with another. If you do have the misfortune of getting into a boring conversation, find a gracious and courteous way to excuse yourself. What you should avoid is awkwardly scanning the room for someone else to speak with to break away. Try to impress others with jargon or facts. Using big words, insider jargon, or trying to impress with a barrage of facts is a turn off. It’s pretentious and tells others you lack self confidence. What’s more, it keeps you from having a genuine conversation. Speak over or interrupt others. This sounds obvious, but, it’s something that can be unintentional when you’re nervous. When you do approach someone else and introduce yourself, be courteous, ask polite questions, and listen. Yes, the purpose of attending Network Events is ultimately to acquire new business. However, do not go to a Network Event if that is your initial purpose. Your priority for attending a Network Event is to develop Relationships which you can foster over time into a business opportunity with that connection or with someone they introduce to you. Minimize your agenda, and spend time listening and asking the other person questions about themselves and their business. Show them genuine interest and watch how your relationship moves to trust even during the Network Event. Isn’t it more rewarding to leave a Network Event with 3 or 4 really good, meaningful connections where both of you developed a relationship and can follow up after the event to further explore opportunities together? When is the last time you attended a Network Event and made some meaningful connections that turned into real business? [shareaholic app=”follow_buttons” id=”26833294″]