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.

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Business Owners Thinking about Switching to a 4-Day Workweek Here’s What You Really Need to Know

March 24, 2023 No Comments

The 4-day workweek continues to gain traction, though it’s a long, long way from becoming standard. Still, recent trials by companies have shown promise for reducing the workweek by one day (something instituted almost one-hundred years ago in 1926 by Henry Ford). The change is definitely full of ostensible advantages – and big potential. But, this certainly doesn’t mean it’s all upside and no downside. So, let’s take a look at what business owners need to know about switching to a 4-day workweek and what to expect. 4-Day Workweek Pros Switching to a 4-day workweek can have several benefits for a business. While some are obvious, others may not be so intuitive. Here are a few reasons a company might want to switch over: Increased productivity Research shows that shorter workweeks can lead to increased productivity. Employees may feel more motivated to get work done if they have more time to rest and recharge. Better work-life balance A 4-day workweek can give employees more time to spend with their families and pursue personal interests, leading to better mental health and job satisfaction. Cost savings A shorter workweek may lead to reduced operating costs for businesses, such as lower energy bills and reduced use of office resources through less use of computers, lights, climate control, and more. It can also help to rein in office expenses as it offers an opportunity to scrutinize spending expenses. It’s hard to say if many employers will find the 4-day workweek structure agreeable. Everyone is watching these kinds of experiments and learning. Plus, it depends on how the economy and workforce evolve and whether these become new expectations from the vast majority of the workforce—as being able to work at least part-time remotely has become for most knowledge workers. —Boston University So, the very fact that a business will be operating fewer hours translates directly into operating expense savings. (This is something that generally comes to light when there’s a big change and businesses are forced to examine their spending amounts and frequency.) Attract and retain talent Offering a 4-day workweek can be a unique and attractive perk that helps businesses stand out in a competitive job market. It can also help retain current employees by increasing their job satisfaction and loyalty. 4-Day Workweek Cons While these are certainly compelling reasons and sound good in theory, in practice they may not necessarily materialize (or simply manifest in different forms). Of course, as with any new idea, there are bound to be possible drawbacks and problems that could arise unexpectedly. Here are some things you might encounter by adopting a 4-day workweek: Reduced hours A 4-day workweek means employees will work fewer hours, which could lead to reduced productivity and output, especially for businesses that require around-the-clock operations. Workload distribution Businesses may need to redistribute workloads or hire additional staff to compensate for the lost hours of those who are working a 4-day week. Operational difficulties A 4-day workweek could create operational difficulties, such as coordinating schedules with clients or customers who operate on a 5-day schedule. Reduced profits Reduced hours could lead to lower profits for businesses that rely on hourly work or have tight deadlines to meet. Ultimately, whether a 4-day workweek is a good fit for a business depends on its unique needs and goals. It’s important for businesses to carefully consider the potential advantages and disadvantages before making the switch. What other considerations would you suggest be a part of these? Please take a moment or two to comment so others can benefit from your thoughts and experiences! Interested in learning more about business? Then just visit Waters Business Consulting Group.

3 Big Reopening Mistakes Businesses should Avoid

June 24, 2020 No Comments

Businesses are anxious to reopen. Consumers are likewise ready to return to normal (or as close to normal as possible). But, any business reopening must do so responsibly. After all, not providing a safe environment will only backfire and cost them in a number of ways. This means taking a smart, incremental approach and one that can help to get things back on track. What to Know about Post-Pandemic Reopening The first thing any business owner needs to know is exactly what their state and local governments will allow and disallow. If you run afoul of the rules, even those which seem unfair, you’re only setting yourself for a lot of grief and probably a huge amount of regret. For these small businesses to come back after the pandemic abates, and once again serve as an engine of American innovation, they need aid. The Coronavirus Aid, Relief and Economic Security (or CARES) Act set aside $349 billion in loans and assistance for small businesses and there may be more to come. But business owners also need to make the best possible decisions to get them through this difficult period. —Harvard Business Review Another thing to know about reopening is how your patrons or clients will respond. Just because there’s a green light to open from the state and local government doesn’t mean the public will respond positively. In other words, you need to understand public sentiment. 3 Big Reopening Mistakes Businesses should Avoid Now, as for reopening, there are many things you should do to get back to full operation. But, there are also things you need to avoid doing, as well. Here are three of the biggest reopening mistakes businesses should avoid: Expecting employees to immediately return to work. Just because you’re ready (and willing), doesn’t mean your team members will feel or act the same way. So, speak with each one individually and listen to their concerns. Plus, encourage them to be open about their circumstances and be supportive, if necessary. Some business owners are expressing challenges with employees who are receiving unemployment which exceeds what they earned as an employee so they are reluctant to return. Business owners need to be prepared by discussing the need to help the business serve its customers. Also, if the employee does not return, there is no guarantee the employer will not have replaced the employee’s position when the previous employee’s unemployment checks end Not having procedures in place to maintain social distancing. At this time, it’s expected there will still be a need for social distancing into the foreseeable future. So, be sure to formulate a realistic plan to maintain those social distances in order to provide a safe and healthy environment. Trying to rush through the reopening process to get things back to normal ASAP. Whatever you do, don’t fall into the trap of trying to reopen to soon or at too fast a pace. While it’s completely understandable you’re ready to resume operations, if you rush, you’re likely to make rash decisions that will cost you in more ways than one. Remember to offer what the Customer wants. Instead of trying to reinvent your service offerings, ask the Customer what they want and most enjoyed or valued about your services and deliver what the Customer wants. What other mistakes would you say businesses that reopen are likely to experience? Please share your thoughts by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

So, You and Your Business Partner always Agree – Why that’s Really Bad News

September 14, 2018 No Comments

“If two people in a relationship are the same, one of them is unnecessary.” You’ve probably heard this worded in one way or another. And, it does demonstrate a very good point. Often most attributable to romantic relationships, it’s just as true for business partnerships. After all, opposites attract and we’ve seen successful pairs throughout history. Take for instance Steve Jobs and Steve Wozniak. One, a marketing genius. The other, a hardware guru. And, completely different personalities. Winston Churchill and General Bernard Montgomery are another unlikely pair. But together, an unstoppable force. So, why is that? Why Business Partnerships are so Difficult The truth of the matter is, the business world is a tough environment. Partnerships supposedly make it easier. But, there’s the notorious five D’s of partnerships: death, disability, disinterest, drugs, and divorce. Each one alone can split up a business partnership. Successful startups often have partners who have different strengths. One person might be the technical genius, while the other takes what they do and sells it to the masses. Having two personalities allows each individual to grow. If you can’t be challenged by a partner, you probably shouldn’t be in business at all. —Fast Company.com Why do business partnerships fail so often? It could well be one of the five D’s. Then again, it could also be the two are too much alike. That takes us right back to the notion that if two people are the same, one of them isn’t necessary. Why Your Business Partner should be Your Polar Opposite Now, let’s take a quick look at why your business partner should actually be your polar opposite. Sure, it seems counterproductive and most certainly feels counterintuitive. But, there are the following advantages: It brings strengths to the surface. A business partner who is your opposite will more clearly define your weaknesses. Hence, reveal your strengths, in the process. By the way, that’s a two-way street and the same will benefit your partner. Ultimately, making it a win-win scenario. It allows both of you to learn and grow. When your business partner is the opposite, you’ll begin to see things from a different perspective, over time. That’s also a good thing because both of you will learn from one another and grow as a result. It creates a more dynamic environment. Friction is a difficult phenomenon but it is very productive at the same time. Being challenged gives rise to a number of positives — a dynamic environment is just one example. It allows you to leverage your differences. Your differences can also be a real source of inspiration and productivity. Use your differences strategically and you’ll find them advantageous in more ways than one. What other advantages are there to having such opposites? Have you found working with someone who is totally different is more beneficial? Please share your thoughts and experiences! Interested in learning more about business? Then just visit Waters Business Consulting Group.