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?

I Found Out an Employee has been Doing Something Unethical but Not Illegal – Now What?

August 12, 2022 No Comments

First, this has to stop right away. And second, it has to stop because you definitely don’t want this type of practice to be representative of your business – even if it is somehow benefiting your customers. (For example, cheating a manufacturer’s rebate.) Even if it’s small, the very fact that your employee has to do something that isn’t ethical makes it wrong. You already know this, which is precisely why it bothers you in the first place. Regardless, it can be very tempting to let certain instances slide. But, you must think about the possible consequences and repercussions should this go bad. So, let’s get into a few suggestions for what to do when you discover an employee is doing something unethical but no illegal. Ethics and the Law There’s no question that just because an act isn’t ethical doesn’t mean it’s necessarily illegal. After all, the law doesn’t deal strictly with morality. (Although a lot of laws are indeed based on standards of decent behavior.) Notwithstanding, you instinctively know when a practice isn’t ethical and just because there isn’t a direct on-point law, that doesn’t mean it’s all right. The experts in leadership and management at Michigan State University emphasize that it’s important to consider who is involved with the situation when dealing with unethical behavior in the workplace. Is it just one person involved or are there several people connected to act? —Houston Chronicle Business Management However, there could be illegality. What might seem to be mostly harmless could be against the law. Obviously, this is exactly what you should know. Take the time to research the subject and find out if there are legal issues – be they criminal, civil, or possibly, both. How to Deal with Unethical Employee Behavior If you learn that what’s going on isn’t illegal but is still unethical, you have some options. Unfortunately, none of them are particularly pleasant. But, your business’ integrity could well be at stake. Here are a few ways to deal with unethical employee behavior: Arm yourself with facts. Before you act on the issue, be sure to have all the facts at your disposal. If necessary, write them down to become familiar. You’ll undoubtedly have to confront this employee and he or she will probably have at least a few justifications and/or excuses. So, be ready to counter and push back with the facts. Talk with your employee. Speak with your employee and your HR leader. If your company doesn’t have such a department, just speak with him or her one-on-one. Be polite but firm. And, listen to what he or she has to say. They’re likely justifying their actions and it might be something that’s easily fixed. Establish a new company policy. You may have to establish an entirely new company policy. Or, make adjustments to an existing one. Regardless, be sure that every single employee knows so this doesn’t continue. What other suggestions do you have for dealing with this type of situation? Please share your thoughts and experiences so that others can benefit from your input! Interested in learning more about business? Then just visit Waters Business Consulting Group.

November 22, 2017 No Comments

Elon Musk and Richard Branson are two names which really stand out. And, both stand apart from other business leaders. When people hear their names, they probably think about their brands. But, people equally associate their personality traits. Most notably, both individuals are leaders. However, they’re not just leaders — they are bold leaders. Take this Cue from Elon Musk and Richard Branson You might not regard yourself as an Elon Musk or Richard Branson personality. But, that doesn’t mean you can’t be bold. Remember, taking chances and being bold doesn’t mean you’re without fear. Also, it doesn’t mean you can simply look past your blind spot. But, it does mean you have an untapped capacity to go forward confidently. People who choose to be bold are inspiring not just because they get big things accomplished, but because they also instigate growth, progress, and movement for themselves and others around them. Sadly, far more people wait for someone who is bold to lead the way, hoping somehow luck will shine success upon them. —Inc.com Now, you’ll always have insecurities. And, you’ll always have to deal with critics. So, there’s no reason not to act bold. Of course, it might feel unnatural at first and a few tries might totally be a necessity. That’s okay because you’ll have to develop this trait over time. The trick is to balance it with pragmatism. Just don’t let your fears get out of control or give into complacency. How to Be Bold in Business When you’re in business for yourself, no one else will muster the same passion. It’s become a bit of a cliché, although the underlying point remains true. You just need to stay positive and put your doubts in check. Here’s a few suggestions for how to be bold in business: Dream big. If you’re an entrepreneur, chances are good you already dream big. But, not all people who go into business for themselves are big dreamers. Some people don’t like to dream big because it overwhelms them. So, if this describes you, give yourself permission to dream big. You’ll discover more about what you want and what you can achieve. Stay focused. While dreaming big is a great motivator, it’s not a straightforward path to success. To get from A to B, you’ll need a plan of attack. Do this by focusing in on one goal at a time. Each should represent a step in the right direction toward your ultimate goal. Don’t be intimidated. It’s quite easy to feel intimidated when you’re starting out and there’s already another established company plowing ahead. That’s okay, that company didn’t start where they are now. Keep this in mind and you can avoid feeling intimidated by others. Remember achieved goals. Always take time to reflect on the obstacles you overcame. When you put these in perspective, you’ll feel more confident. And, you’ll also realize you do have what it takes to succeed in business. In what ways are you bold? Have you found other traits which make a great leader? How else do you deal with fear? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

How to Think Clearly when Times are Crazy

May 12, 2020 No Comments

Only a few short months ago, the economy was on fire. Then, a slow moving disaster crept across the globe. Shortly after, the coronavirus pandemic triggered a drastic response. An almost total shutdown ensued. Now, re-openings are happening everywhere. But, the unprecedented reaction upended so much, it’s very difficult to return to normalcy. And, it’s enough to make your head spin. The Real Cost of Rash Decisions Rash decisions typically equal regret. But, it’s not just the let down. It’s also the waste of time and money. We all know this, which is precisely why we instinctively hate making rushed decisions. It’s the reason we take time to understand the circumstances. But, when the pressure is on, it’s difficult to resist in the moment. …we need information and we need help to face our problems. But we can only arrive at the solutions by ourselves. The trick is giving our minds the space they need. —Psychology Today Everyone responds to stress differently. Although, there are most definitely commonalities. Fast heart beat, perspiration, even trembling, are all physical symptoms. Then, there’s the toll it takes on your emotions and it becomes very difficult to think clearly. Effective Ways to Think Clearly So, just how do you clear your head? Most people will take a deep breath (which makes the list below). But, sometimes, that’s not enough. Here are some helpful suggestions for how to think clearly during crazy times: Take a deep breath. Okay, this is an obvious bit of advice. But, it bears repeating because it’s not only simple, but often, effective. Taking a moment to slow down and breath deeply can work wonders. Unfortunately, this isn’t always sufficient. Focus on the problem, not the outcome. While taking a bit of time out might help, it could fall short. If you’re worried about the outcome, that’s perfectly normal. But, if that worry is preventing you from taking any action, then focus on the problem or process and not the potential outcome. Hope for the best, plan for the worst. Of course, it’s always best to plan. So, follow the old adage and plan for the best result while being prepared for the worst case scenario. If you can’t completely sidestep a bad outcome, at least mitigate its impact. Solicit advice from several sources. Two heads are better than one. This not only gives you different points of view, it also helps to take the pressure off and gives you more options. Remember, you don’t always have to make decisions alone. Set the situation aside and work on something else. Another great way to clear your head is to occupy yourself with something else temporarily. You’ll get the satisfaction of completing a task and it gives you time to think a bit outside the box. Meditate and/or Pray. Find a moment to be still. You could do this during your breathing exercise noted above. Calm your mind. Find a moment to listen to your breathing and close your eyes. Now meditate on all you’ve been given and how grateful you are for what you have. Thank God for the challenges and opportunities your dealing with and trust Him for His guidance and wisdom to get you through knowing he works all things for good. What other suggestions do you have for thinking clearly? Please, take a moment to share your thoughts and experiences by commenting and benefiting others! Interested in learning more about business? Then just visit Waters Business Consulting Group.

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

Legal Action might Not be the Best Action

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

Like this article?

Related Posts

I Found Out an Employee has been Doing Something Unethical but Not Illegal – Now What?

How to Think Clearly when Times are Crazy

Imagine Selling Your Business…

How Would Your Life Change?

Thank you for your interest in learning what your business is worth. We will be in touch shortly.