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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Is This the Most Valuable Business Lesson of the Ukraine War?

March 6, 2025 No Comments

Sensational headlines about ending the Ukraine-Russia war dominated the news last week and will likely continue for several days, weeks, or months.

My Employees are Making Excuses about Coming Back to the Office — What Can I Do?

March 31, 2021 No Comments

Although many parts of the country are reopening, some people might not be ready (or comfortable) with returning to the workplace. Of course, if this is happening to your business, it can not only be frustrating, but quite harmful to your company’s overall health. And, it’s certainly more preferable to bring back known quantities, rather than to try and replace trusted staff. But, you’ll have to convince those reluctant individuals first. Common Coronavirus-Related Excuses Employees might say they get the same amount from unemployment as they earned prior. Some will say their child’s school is closed or they take care of an elderly parent. Others might cite ongoing health conditions and any exposure to COVID is a severe risk. Unfortunately, these reasons are difficult to argue against. While a one-time incident may be overlooked, small-business owners cannot afford to accept excuses for ongoing performance problems. In a small organization, other employees quickly notice when excuses are allowed. By tolerating excuses, you create a culture of avoidance rather than responsibility. —Houston Chronicle Small Business However, employees who believe the workplace is unsafe is another matter. It’s much easier to convince them about proactive and other protective measures. But, that certainly doesn’t mean it’s a cinch to change their minds, either. How to Deal with Employees Who are Stalling Coming Back to Work Obviously, if someone is obstinate enough, it might not be worth the time and energy. But, if there are a few minimal concerns, it’s entirely possible to convince them to return to the workplace. Here are some helpful suggestions: Emphasize safety. If they are concerned about being around a large group of people again, you can always reduce the number of people in the office, and/or space them apart. Having the office sanitized from top to bottom by a professional cleaning service will also go a long way in reducing worry and anxiety. Give them more flexibility. Consider changing your sick policy in order to accommodate people who might be out for an extended period of time. You can also look into different health insurance plans to see if there’s something better available. Offer incentives. If someone is truly fearful about returning to the workplace, this probably won’t work. However, people that would rather continue to work from home will most definitely want to take advantage. The type and amount of incentives are up to you, but they could go a long way in changing minds. Use your influence. While you might prefer not to result to ultimatums, sometimes these are the only way to really get through to the most stubborn people. Obviously, you can’t do anything illegal, but you can change your businesses policies in regard to working remotely versus remotely working on-site. What other suggestions do you have to deal with employee excuses about returning to the workplace? Please take a few minutes to share your thoughts and experiences. Perhaps others can benefit from your unique perspective. Interested in learning more about business? Then just visit Waters Business Consulting Group.

You Don’t have to Meet a Politician to Find a Hypocrite — Your Mirror Might just Reflect One

March 1, 2019 No Comments

Rep. Alexandria Ocasio-Cortez just moved into a luxury apartment in Washington D.C. It doesn’t contain one affordable housing unit. In fact, the complex doesn’t even comply with D.C.’s Affordable Dwelling Units program. This, after campaigning on a platform which included “Safe, affordable, adequate housing for all.” George H.W. Bush infamously said, “Read my lips. No new taxes.” LBJ promised the country not to escalate America’s involvement in the Vietnam War. George W. Bush campaigned, in-part, against excess government spending. Then, expanded several federal programs. How Hypocrisy Hurts Businesses The list goes on and on and on. Bernie Sanders, who rails against wealth inequality, owns three houses, has a net worth of about $2 million, and earns a six-figure salary. You get the idea. And, these are just a handful of politicians. It doesn’t include entrepreneurs, celebrities, professional athletes, and other public figures. As a business owner or manager, it’s important to practice what you preach. If you require employees to be available 24/7 while you’re MIA, or you’re constantly texting on the job while you prohibit employees from using their phones, for example, your hypocritical behavior is sending the wrong message to employees, and they may resent you for it. —Business News Daily Of course, hypocrisy is everywhere. When it occurs in a business environment, it’s very harmful. Hypocrisy undermines your ability to lead. After all, it’s essentially telling your employees to literally do as you say, NOT do as you do. You lose respect. It compromises your standing. Plus, it makes it very difficult for others to even work with you. 3 Key Ways to Avoid Hypocrisy as a Business Leader Hypocrisy is a dangerous trait. It essentially subverts morale and threatens the very viability of a business. It can even go so far as to cause a self-inflicted implosion. So, just how do you avoid being hypocritical? Here are a few helpful suggestions for how to avoid hypocrisy as a business leader: Practice self-awareness. You might call this “practice what you preach.” It’s an obvious reminder but one definitely worth mentioning. Every day, you should stay vigilant and stay self-aware about your own behavior. While it’s not rocket science, it’s quite difficult to put into practice. Be consistent with decisions. It’s almost impossible not to have or even show bias. We all do it in a variety of ways. You might treat team members differently due to your own personal biases. When making decisions, consider all sides of the equation. Actively solicit constructive criticism. It’s always good to encourage feedback from your employees (as well as your customers). And, doing so could reveal hypocrisy you commit but don’t consciously act against. What other advice would you give about avoiding hypocrisy? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.