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

I Want to Create a New Position for My Small Business – So How Do I Go about It?

Entrepreneurs wear many, many hats. It is not at all unusual for a small business owner to perform several different roles. But, this Jack of all trades, master of none can’t go on in perpetuity. The longer it lasts, the less chance there is that the business can scale up. In order to grow a company, it’s necessary to have help and many business owners reach a point where it is unavoidable. So, they make a few hires but still continue to perform various functions until they realize that a new position will free them up to pursue their main goals. Hiring should Equal Growth It’s very common for small business owners to be nervous about their first hires. However, they eventually get past this and the team settles into a comfortable routine. This can easily result in a false sense of security and it’s not at all unusual for the owner to slip right back into or continue bad habits. If a heavy workload causes your employees to feel overwhelmed and frustrated, it may be time to add new positions to your department. Hiring an additional staff member or two can help you split tasks between employees more equitably and give employees the time they need to devote to their work. —Houston Chronicle Sure, someone has to perform those functions and the owner typically feels it is his or her responsibility. But, there comes a time when it’s clear that handing off at least some of those tasks to someone else would be very beneficial. What generally holds a business owner back is not having a clearly defined position, as they did with previous hires. Fortunately, there are some steps you can take to create a new employee position. How to Create a New Employee Position for a Small Business When it becomes obvious that you’re taking on too much, be it administrative tasks or something else, it’s time to seriously consider hiring someone to do that work for you. Here are some steps you can take in order to create a new employee position: Estimate its ROI. Before you start posting job openings, take some time to work out the most likely return on investment. Ask yourself if one or more of your current employees can assume these responsibilities. If not, then it is more likely you need to create a brand new position. Just work out a realistic scenario on how much this will add to expenses and what size return of investment you’ll get for this potential hire. Determine if it’s part or full time. Next, you’ll need to determine whether this is a part-time or full-time position. Go over your schedule and create a ballpark figure of how much time you spend on these tasks. This will give you a pretty good idea of the number of hours you’ll give over to a new employee. Plus, it will tell you how much time you gain back doing more important things. Compile a list of applicable skills. Now, you’ll need to create a list of applicable skills that a new employee would need to possess. This will also tell you if these responsibilities are truly interrelated or if they are a mixed bag. What’s more, it will point you in a more specific direction and help you to hone in on the right personality. Advertise the new position and interview potential candidates. Last but certainly not least, it’s time to fill the new position you’ve created. Write a job description that defines the role and your company’s expectations, then advertise it in trade publications, and on social media. What other suggestions do you have for an entrepreneur who is considering creating a new team member role? Please share your experiences and thoughts so others can benefit from your input! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Read More »

Pros and Cons of Working for a Startup

There are pros and cons of working for a startup — everyone knows this. But, it’s the actual realities versus the imaginary which cause a lot of undue anxiety and stress. Of course, it’s only natural to feel a bit uneasy about joining a fledgling organization. Even if it’s a great idea and a wonderful team of individuals, there are still up and downsides of working for a startup. Cons of Working for a Startup Let’s begin with the downsides first. It’s certainly no secret that salary is a huge concern. Often, what you’re paid is either low or in some circumstances, it’s “sweat equity.” Even if there’s an acceptable salary, there’s the real possibility your job description will contain a whole host of duties. In such an environment, it’s quite common for specialists to become jacks of all trades. Working for a startup can involve a lot of risk, that’s no secret; according to the Wall Street Journal, three out of every four startups fail. In fact, there are startups funerals in Silicon Valley where CEOs can highlight the demise of their defunct companies and ruminate on any mistakes made. But that doesn’t mean taking a job with a startup – even one that ultimately fails – won’t allow you to gain valuable experience and skills to add to your resume. —Monster.com Then, there’s the real possibility of working with less. It isn’t unheard of to have little to practically no resources at your disposal. Of course, one of the most common downsides of joining a startup is those long, irregular hours. Finally, there’s the real risk of untimely failure or an inescapable decline toward failure. Pros of Working for a Startup Obviously, it’s not all bad news. (If it was, no one would ever even consider working for startups. In fact, startups might not exist.) So, here are the upsides for working for a startup: A potential huge ROI. We’ll begin with the ultimate enticement — a gigantic payout. After all, isn’t this why startups get going in the first place? And, there’s certainly no shortage of examples out there to showcase big-time successes. Big gain in experience. Okay, let’s suppose you just earn a good salary and don’t hit the entrepreneurial lottery. You’ll gain a whole lot of experience during your journey that’s probably not available anywhere else. Making new connections. Another advantage of joining a startup is your ability to make new connections. You’ll meet a host of people in different roles which can really expand your professional network. The intangible excitement factor. It’s not just all about money and experience. There’s also the excitement of an unknown journey. It’s all wrapped up in a whirlwind of circumstances and emotions. What other factors would you say play into joining a startup? Please let others know about your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Read More »

Starting a New Retail Business? Don’t Forget to Dress (Your Employees) for Success!

For a startup retail business, creating a strong brand identity is crucial to stand out in a competitive market. In other words, details matter and they matter a lot when it comes to brand identity. So, nothing should be overlooked. For instance, employee uniforms play a significant role in shaping that identity, as they are a direct representation of your brand and values. The right employee uniforms can reinforce your brand message, foster a sense of unity among your team, and leave a lasting impression on customers. How New Start-Up Retailers Should Choose Employee Uniforms When you’re starting a new retail business, one of the first decisions you’ll need to make is what to wear. Do you want your employees to wear uniforms? If so, what kind of uniforms will best represent your brand? With this in mind, here are a few things to consider when selecting employee uniforms for a startup retail business: Your brand identity. What kind of image do you want to project to your customers? Do you want your employees to look professional, stylish, or casual? The style of your uniforms should reflect your brand identity. The type of work your employees do. If your employees are going to be on their feet all day, you’ll need to choose comfortable uniforms that can withstand wear and tear. If your employees are working in a hazardous environment, you’ll need to choose uniforms that provide protection. Your budget. Uniforms can be expensive, so you’ll need to set a budget before you start shopping. There are a variety of ways to save money on uniforms, such as buying them in bulk or looking for discounts. Once you’ve considered these factors, you can start shopping for uniforms. But, before you begin your search, you should do a few things first so you don’t wind up wasting valuable time. Here are a few tips for finding the right uniforms for your startup retail business: Talk to your employees. Get their input on what they would like to wear. They’ll be the ones wearing the uniforms, so it’s important that they feel comfortable and confident in them. Shop around. Compare prices from different vendors before you make a decision. You may be able to find a better deal if you shop online and/or look for discounts. Choose a reputable vendor. Make sure the vendor you choose has a good reputation for quality and customer service. After all, as your business grows, you’ll need a reliable source for future uniforms. With a little planning, you can find the perfect employee uniforms for your startup retail business. Your uniforms will help to create a professional and polished image for your brand, and they’ll make your employees feel confident and comfortable. Now, to ensure you’re making the right decision, here are some additional tips for selecting employee uniforms for a startup retail business: Choose colors that complement your store’s branding. If your store has a specific color scheme, choose uniforms that match or coordinate with those colors. This will help to create a cohesive look for your employees and your store. Consider the climate where your store is located. If you’re located in a warm climate, you’ll need to choose uniforms that are lightweight and breathable. If you’re located in a cold climate, you’ll need to choose uniforms that are warm and comfortable. Make sure the uniforms are comfortable and durable. This is definitely worth repeating. Your employees will be spending a lot of time in their uniforms, so it’s important that they’re comfortable and durable. Choose uniforms that are made from high-quality materials that will withstand wear and tear. Consider the needs of your employees. Some employees may have special needs, such as uniforms that are loose-fitting or that accommodate disabilities. Make sure to consider the needs of your employees when choosing uniforms. By following these tips and using your own judgment and getting input from others, you can select employee uniforms that will help to create a professional and polished image for your startup retail business. Your uniforms will make your employees feel confident and comfortable, and they’ll help to promote your brand. Interested in learning more about business? Then just visit Waters Business Consulting Group to learn more about us and the services we offer.

Read More »

Imagine Selling Your Business…

How Would Your Life Change?

You didn’t start your business just to stay busy—you built it to create freedom, security, and options for yourself and your family. Selling your business can be life-changing, but the real question is whether you’re intentionally building toward that outcome or simply leaving it to chance.

Sign up below for a free consultative session to learn what your business could be worth today and in the future! 

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