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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How to Build a Positive Brand

May 16, 2017 No Comments

One thing that makes companies successful is branding. We see it everywhere and all the time, from television spots, to radio ads, to catalogs and other marketing materials, businesses put out impressions of themselves to the public. The reason for branding is obvious but it’s not necessarily an easy task. It requires differentiating an entity from its competition to make it instantly recognizable to consumers. A brand has to not only be recognizable, it has to live up to its self promotion and establish a reputation that’s commensurate with its marketing. There’s practically little else which can destroy a company faster than having a bad reputation. Even the most effective branding won’t allow a company to escape bad publicity or a negative consumer image. Small business owners might not believe that branding is necessary for them precisely because of their small size; however, in a world that is digitally centered, that’s simply not the case. No matter the size of your organization, it needs a positive brand to help propel it forward. Ways to Build a Positive Brand To build a positive brand, you’ll need to think about the future–it’s what you do now that’s most important. There are defunct companies that doomed themselves by not being aware of the image they were presenting. Relying on gimmicks is another mistake. Companies that place their marketing efforts into gimmicks usually have little else to offer, and, that’s a precarious position. Being genuine and offering good service with a positive attitude are great ways to build a brand. Our personality and professional image sets the tone and stage for how we are all perceived. With the reality of a 24/7 online media world that can change things in a real-time split second, one small wrong move or right move can go viral and change everything. —Small Business Trends To keep your business growing, you have to employ more than one tactic. There are new customers to be found and try your products and services over competitors, and, it’s your brand that will help to convince them to do so. Here are a few ways to build a positive brand: Create a positive work environment. Your brand starts from within your organization. Remember, your employees have lives outside your company and talk to people about work. This is why it’s important to facilitate a positive environment. After all, people won’t give you any business if they’ve heard bad things from insiders. Have a clear and easy-to-follow customer service protocol. Your team members are one of the most powerful sales tools you have. The better they deliver, the better your company does. When it comes to customer service, everyone should know how to respond and to do so in a timely, polite manner. Offer something for nothing. People like free things, practically no matter what they are: great content that is helpful, complimentary items, discounts, and other things can have a big impact. What’s more, if you do this on a regular basis, it will create a positive impression. Make a commitment to your community. Volunteering is something every leader should do and not just for the sake of networking. When you volunteer, you send a very powerful message about yourself and your company. Another thing you can do to create a positive brand is to always follow-up with comments and reviews. Good or bad, these are helpful and the way you deal with comments and reviews will say much about your business. [shareaholic app=”follow_buttons” id=”26833294″]

My Biggest, Most Important Client is #!@_&% — How can I Keep Them and Not Go Crazy

February 10, 2022 No Comments

Fill in the blank. Angry, anxious, cheapskate, short-tempered, impatient, annoying, hard-to-please. No one enjoys dealing with difficult business clients, but sometimes we have to. These clients can be demanding, angry, and anxious. They can sap our energy and make us feel like we’re going crazy. But don’t worry – there are strategies for how to deal with them. Running a Business Means Dealing with Challenges No one ever said that running a business would be easy. In fact, it can often be downright difficult to deal with the various challenges and situations that come up. Whether you’re struggling to keep afloat or trying to figure out how to take your company to the next level, there are some effective ways to deal with difficult business situations. Many small business owners have ‘em—you know, the clients who make you cringe when you see that they’re calling. The ones who drain your energy, criticize everything, and are slow to pay. Difficult customers exist in every business, for every company, and even though you may want to kick them to the curb some days, you know that it’s better to keep them if you can. So, how might you keep your difficult clients and your sanity? —American Express The key attributes are persistence and patience. Entrepreneurs who stay the course but don’t rush into things tend to be the most successful over the long term. They push when necessary and recognize futility for what it is. In other words, they act appropriately to the circumstances they experience and do not try to bend reality. Best Strategies for Managing Impossible Clients Dealing with difficult business clients can be a nightmare. They can be demanding, angry, and anxious, and they can really put a damper on your day. However, with the right strategies in place, you can manage them effectively and keep them from ruining your business relationships, like the following: Keep your cool. One of the most important things to remember when dealing with difficult clients is to stay calm and collected. If you start getting angry or frustrated, it will only make the situation worse. Take a few deep breaths and try to relax. This will help you think more clearly and come up with a plan of action. Put on their shoes. Another thing to keep in mind is that these clients are just people. They have their own problems, and they’re probably stressed out too. Try to put yourself in their shoes and see things from their point of view. This will help you understand where they’re coming from so you can better address the problem at hand. Don’t retaliate in anger. If possible, avoid getting into arguments with these clients. You might think this is impossible, but it can be done. Stay calm and collected — even if they’re yelling at you or cussing you out. If necessary, take a break from the situation. Politely end the phone call or meeting and go for walk outside. This will give both parties time to cool down and reset. Walk the walk, talk the talk. Finally, always try to stay professional. These clients are probably already angry and frustrated, so don’t add to the problem by being rude or unprofessional. Address the issue at hand in a polite and respectful manner. You’ll be surprised how much this can help diffuse the situation. What other strategies would you use to deal with difficult customers? Please, take a moment 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.

How To Quickly – But Smartly – Fill a Very Sudden and Unexpected Vacancy in a Key Position in Your Small Business

December 13, 2023 No Comments

How To Quickly – But Smartly – Fill a Very Sudden and Unexpected Vacancy in a Key Position in Your Small Business Ever been hit with the unexpected departure of a key team member, leaving a crucial role vacant? It’s unnerving and quite unpleasant. But, don’t panic. There are effective strategies for dealing with this very situation. Well, you’ve found the right place to get the advice you’re seeking. In this article, we’ll explain the art of filling a vacancy rapidly – but strategically. So, let’s transform this challenge into an opportunity for growth with a playbook that ensures your business sails smoothly through uncharted waters. How Small Business Owners Can Fill a Vacancy in an Important Employee Role You know that sinking feeling. The email arrives or the text chimes and suddenly you’re staring at a gaping hole in your team – a vital position vacated without warning. Your brain screams, “Oh no!” Breathe and step back. We’ve all been there. But here’s the good news: filling an unexpected vacancy (especially in a small business where everyone wears multiple hats), doesn’t have to be a disaster. With a sprinkle of MacGyver ingenuity and these battle-tested strategies, you’ll not only plug that gap, but you might even emerge stronger on the other side. Step 1: Triage Time – Assess the Damage and Your Options Before you launch into a hiring frenzy, take a moment to assess the situation. What’s the critical function of this role? What are the immediate needs, both short-term and long-term? Can existing team members temporarily cover essential tasks, or is a full-blown replacement a must? Remember, you’re not just filling a job description; you’re patching a leak in your ship. Prioritize tasks that keep the boat afloat, delegate where possible, and resist the urge to overthink things. Step 2: Forget the Perfect Fit, Embrace the Quick Fix Casting a wide net and hoping for the “unicorn candidate” might not fly right now. Instead, embrace flexibility. Consider internal talent – that design whiz who secretly loves spreadsheets, or the customer service rep with a developer’s mind. Could upskilling or cross-training bridge the gap? Think outside the traditional “employee” box too. Could a freelancer, consultant, or even a temp agency be the right way to go as a short-term fix? Feel free to get creative and mix-and-match solutions to find the right puzzle piece for this immediate need. Step 3: From Panic to Process – The Art of the Speedy Hire Even with a “MacGyver approach,” you still need some structure. Here’s how to turbocharge your hiring process without sacrificing quality: Crystallize your ideal candidate. What skills and experience are non-negotiable, and what can be learned on the fly? Craft a concise yet compelling job description highlighting the immediate need and your company culture. Tap into your network. Emergency situations necessarily call for emergency measures. Reach out to your trusted network – colleagues, mentors, even former employees – and spread the word. You might be surprised at the hidden gems lurking just outside your usual talent pool. Master the “interview-a-thon.” Time is of the essence, so ditch the five-round interview marathon. Utilize video calls, skills assessments, and even a good old-fashioned phone chat to quickly gauge potential. Look for passion, adaptability, and a willingness to jump in headfirst – those are the qualities that will get you through this storm. Step 4: Remember, You’re Not Drowning, You’re Surfing – Embrace the Learning Curve and Lean on Your Team Filling a sudden vacancy is stressful, but you don’t have to go it alone. Your team is your anchor, your support system. Delegate tasks, ask for feedback, and foster a spirit of collaboration. This is a chance to solidify your team’s resilience and discover hidden strengths. And hey, if things don’t go according to plan at first? Don’t beat yourself up. This is a learning experience. Adapt, adjust, and keep moving forward. You’ve got the grit, the ingenuity, and the metaphorical duct tape to get through this. Stay Calm and Take Stock of the Long-Term Journey So, the next time the talent void opens, remember – it’s not the end, it’s just a detour. With a clear head, a dash of creativity, and the unwavering support of your team, you’ll not only weather the storm but emerge stronger on the other side. Now, go out there and show that unexpected vacancy who’s boss! Do you want your company to grow faster and earn more while you spend more time with your family, which is why you started your business in the first place? 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. You can call us for your free appointment at 602-435-5474, or, if you prefer, send us an email. You can also visit us at Waters Business Consulting Group to learn more about us and the services we offer.