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 Sure-Fire Ways to Exhaust and Infuriate Good Employees

No manager or business owner sets out to sabotage their employees. But, that’s sometimes the end result, brought on by a number of different behaviors. For instance, it’s well known that holding unnecessary meetings is a great way to agitate and irk team members. After all, they know superfluousness when they’re unwillingly subjected to it. So, it only serves to bother and anger people. But, that’s not the only way entrepreneurs and managers alike aggravate and annoy employees, there are others. Employees’ Needs are Important Your employees’ needs must be met in order for them to respect you. That doesn’t mean giving them everything they want. But, it does mean treating them the same way you’d want to be treated if you were in their shoes. For instance, unclear communication. Being unclear is just as bad as being unkind. Without clarity, you’re not providing ample direction and that is a real source of frustration for your employees. Toxic company culture often starts at the top in the active bad behavior of a senior leader or by those who have supervisory responsibilities. To get the root of the problem follow the toxicity wherever it leads because people don’t leave companies, they leave managers. —Entrepreneur.com Conversely, there’s also such a thing as providing too much detail. It’s the true-life version of drinking from a fire hose. You’re providing way too much information to process. This inevitably results in bewilderment and/or confusion. Unsurprisingly, employees don’t really understand the overall picture because you’re losing them in the minutia. 3 Sure-Fire Ways to Exhaust and Infuriate Good Employees Although the above examples are ways to run down employee morale, three other behaviors will outright cause them to sour. Here are the three ways that entrepreneurs and managers effectively ruin their teams: Micromanaging. This is probably the most hated and counterproductive managerial trait of them all. By not giving people their independence and autonomy, you are disrespecting them. Plus, this stifles them intellectually and creatively. Moreover, it results in feeling unappreciated and resentment builds. In short, there’s nothing good that comes from micromanaging. Making too many changes. While change can be a good thing, and sometimes it’s absolutely necessary, too many changes will only cause chaos. Employees will lose track of what is acceptable and what’s not and will eventually fail to recall the latest policies and procedures and even goals. Being indecisive and too emotional. When you lead with enthusiasm and vision, that’s a great way to get your team members excited. But, If you lead by raw emotion only and worse yet, can’t make a decision at critical moments, you’ve clearly demonstrated your not cut out for a role in leadership. Yes, there will be difficult decisions and times when emotions will run high or low, but you have to stay calm and avoid rash decisions. Or, failing to make any decisions whatsoever. What other managerial behaviors do you think irritate and/or undermine employees? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Read More »

How Entrepreneurs Can Tell if Networking is Helping Their Businesses Grow

Business Networking Pros and Cons: What You Need to Know Business networking can feel like a real-life roller coaster ride in constant motion. It can be exciting or uneasy with its ups and downs. Some entrepreneurs truly enjoy the experience. Others genuinely dislike it. And still, more approach it half-heartedly and network inconsistently. Regardless of which best describes you, chances are excellent you could use a few bits of good advice about how to get the most out of it. But just as importantly, you need to know when networking works for you and when it’s not. So, let’s break down the pros and cons of business networking so you can understand what you’re getting into. The Bright Side of Networking: Pros That Shine Before we get into determining if networking is helping your business, we’ll first take a look at its advantages and disadvantages. Although the reasons seem self-evident, there is a bit of nuance that lies underneath. Like many other things in life, there’s more complexity than appears on the surface. Now, here’s what you need to know about the pros and cons of networking: Expanding your circle. Networking helps you meet people you wouldn’t normally cross paths with. Think of it like throwing a big net into a pond—every fish you catch is a new connection. These relationships can lead to new opportunities, clients, and partnerships. The more connections you have, the wider your reach becomes. Knowledge sharing. When you network, you’re surrounded by people with different experiences and skills. It’s like attending a grand potluck dinner. Everyone brings their specialty dish, and you get to taste a bit of everything. By sharing insights and expertise, you can learn valuable lessons that might save you time and effort down the road. Boosting your visibility. In business, being visible is crucial. Networking helps put your name out there. The more you connect with others, the more they remember you when opportunities arise. This visibility can lead to referrals and recommendations that might not come your way otherwise. Also, building self-confidence and trust. Each time you meet someone new, you practice your communication skills. Over time, this builds confidence and fosters trust. It’s like training a muscle; the more you use it, the stronger it gets. This self-assurance can help you in pitches, presentations, and everyday interactions. The Flip Side: Cons That Can’t Be Ignored Of course, networking doesn’t always produce the desired results. It can be counterproductive and business owners need to understand why it doesn’t always work. Here are the most common pitfalls you should know about to make better use of your time: Time consuming. Networking can eat up a lot of your day. Attending events, meetings, and follow-ups can become overwhelming. It’s similar to trying to fill a cup with a fire hose; you might end up feeling rushed and burnt out. If you’re not careful, it can take time away from your core business tasks. High expectations. Some people enter networking with big hopes. They expect instant results and connections that turn into gold. But that’s often not how it goes. Think of business networking like planting a garden. It takes time for seeds to grow. If you aren’t patient, the wait can be frustrating and discouraging. Skill mismatch. Not everyone you meet will be in your industry or even understand your business. Imagine walking into a conversation about rocket science when you’re more into baking. This mismatch can make conversations awkward and unproductive. It’s essential to find the right circles that align with your interests and goals. And then, there is the potential for superficial connections. Not every connection will lead to a strong relationship. Often, networking can feel surface-level. You may end up with a stack of business cards but no real friendships or partnerships. Finding the Balance Business networking isn’t all sunshine and rainbows, but it has its bright spots. It’s a mix of chances and challenges. Knowing the pros and cons can help you approach networking with a clear strategy. Whether you’re diving in deep or dipping your toes, being aware equips you for what lies ahead. The journey can be rewarding if you navigate wisely. How to Know If Networking is Helping Your Business Grow Networking can feel like a puzzle for many entrepreneurs. It’s not just about handing out business cards or shaking hands. (Though you will do plenty of those things and more.) Because there isn’t a direct, detailed report to refer to, it’s hard to know when networking is paying off. So how can you tell if your networking efforts are really making a difference? Let’s take a look at how it breaks down. The Ripple Effect: Connections to Opportunities You’ve heard the cliche about tossing a stone into a pond – it creates ripples. Networking works the same way. The more people you meet, the more opportunities can come your way. Are you seeing new clients or partnerships popping up in your life? If your phone’s buzzing with inquiries or collaborations, that’s an obvious sign your networking is paying off. But, there are more signs networking is bringing in new opportunities. So, keep an eye out for a few key signs that your networking is effective: Increased referrals. Are you getting more referrals from new contacts? If people start mentioning your name positively, it shows your network is growing. New partnerships. Have you formed any new partnerships or collaborations? If you’re working with others on projects, that’s a strong indicator that your outreach is effective. Expanding your reach. Are you meeting people in different industries? If your network is stretching beyond your usual circles, you’re likely tapping into new markets and ideas. Tracking Your Connections: The Numbers Game In business, numbers matter. Track how many new contacts you make each month. Are those contacts turning into leads or sales? If you see a rise in leads, your networking is likely contributing to your business growth. It’s basically gardening for business; the more seeds you

Read More »

Younger Workers No Longer Want to Become Managers – Here’s How to Get Them Interested Again

Younger Workers No Longer Want to Become Managers – Here’s How to Get Them Interested Again The corporate world is undergoing a significant shift in employee aspirations. While climbing the corporate ladder and assuming managerial roles were once coveted goals, younger generations are increasingly expressing disinterest in this traditional path to success. This trend poses a challenge for businesses seeking to nurture future leaders and maintain a healthy organizational structure. Understanding the Root Causes: Why Younger Workers Shy Away from Management So, just what is happening and why is it happening? Well, there are a number of possibilities. But, there appear to be several distinct factors that have been contributing to the ongoing and declining interest in managerial positions among younger generations, which include the following: Work-life balance. Younger workers prioritize a healthy work-life balance, often viewing management roles as demanding and time-consuming, potentially leading to burnout and sacrificing personal well-being. Changing work values. Younger generations value autonomy, creativity, and making a tangible impact. Traditional managerial roles may not always align with these values, leading to feelings of dissatisfaction and a lack of fulfillment. Perceived lack of recognition and rewards. Younger workers often perceive managerial roles as offering limited opportunities for growth, recognition, and financial rewards compared to other career paths. Fear of failure. The prospect of taking on increased responsibilities and facing potential failure can deter younger workers from pursuing managerial positions. Lack of role models. Younger workers may also lack visible role models or mentors who can demonstrate the positive aspects of a management career and provide guidance and support. Bridging the Gap: Strategies to Motivate Younger Workers to Move Up the Ladder To address this challenge and encourage younger workers to embrace leadership roles, businesses can implement several strategies: Highlight the positive aspects of management. Emphasize the benefits of management, such as the opportunity to make a significant impact, develop leadership skills, and contribute to organizational success. Promote work-life balance. Demonstrate a commitment to work-life balance by offering flexible work arrangements, encouraging vacations, and promoting a culture that respects personal time. Provide opportunities for growth and development. Offer comprehensive training and development programs that equip younger workers with the skills and knowledge needed for managerial roles. Recognize and reward accomplishments. Foster a culture of recognition and reward, acknowledging and appreciating the achievements of both individual contributors and managers. Create a supportive environment Cultivate a workplace environment that fosters open communication, mentorship, and opportunities for younger workers to learn from more experienced colleagues. Additional Tips for Motivating Younger Employees Beyond addressing the specific concerns surrounding management roles, businesses can further motivate younger employees by: Empowering employees. Provide employees with autonomy and decision-making authority, fostering a sense of ownership and engagement. Encouraging creativity and innovation. Create an environment that encourages creativity, innovation, and risk-taking, allowing younger workers to contribute their fresh perspectives. Providing opportunities for meaningful work. Assign employees to projects that align with their interests and allow them to make a tangible impact on the organization. Offer useful and constructive feedback. Provide regular, constructive feedback that helps employees develop their skills and advance their careers. Promote from within. Demonstrate a commitment to internal promotion, allowing younger workers to see their career path within the organization. By addressing the underlying reasons for younger workers’ reluctance to pursue management roles and implementing strategies to foster a more appealing career path, businesses can revitalize the interest in leadership positions and cultivate a pipeline of future leaders who are both motivated and equipped to take on the challenges and rewards of management. Do you want your company to grow faster and earn more while you spend more time with your family doing all the things you love. Isn’t that why you started your business? We can make that dream a reality. Give us 30 minutes and we will show you how to get your life back. Skeptical? Good! Put us to the test. Call us for your free appointment at 6024355474, or send us an email. Or, visit Waters Business Consulting Group to learn more about us and the services we offer.

Read More »