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

Considering Setting Up an Employee Profit-Sharing Plan? Here’s What You Need to Know

When it comes to small businesses, one of the biggest challenges is finding ways to keep employees happy and motivated. This, especially in challenging times such as these, when there’s a labor shortage and even qualified individuals aren’t seeking new opportunities or becoming statistics of the Great Resignation. What’s more, it can be tough to compete with larger businesses when it comes to salary and benefits. One way that small businesses can attract and retain top talent is by setting up an employee profit-sharing plan. In this blog post, we will discuss the pros and cons of employee profit-sharing plans and why they are so beneficial for small businesses. Biggest Concerns Small Business Usually Have about Employee Profit-Sharing Plans There are a few drawbacks to setting up an employee profit-sharing plan as well. Obviously, the biggest concern is the expense. There can be some costs associated with setting up and maintaining a profit-sharing plan. Doing so can be complex. Profit-sharing plans are generally nuanced, and it is important to make sure that they are set up correctly. Otherwise, it could create problems down the road. Moreover, these programs usually include tiers, making them even more difficult to establish in the beginning. A profit-sharing plan, also referred to as a deferred profit-sharing plan, gives employees a share in the profits of the company based on the company’s earnings. Employee profit-sharing plans have distinct advantages, which contribute to a small business’s overall morale and bottom line. —Houston Chronicle Small Business Employee trust is yet another common issue. Employees need to trust that the company is doing well and that their hard work is actually contributing to the company’s success. If there is a lack of trust, employees may be less likely to participate in the profit-sharing plan. In other words, at least some plans require employees to give up part of their immediate compensation (or future earnings). Pros of Employee Profit-Sharing Plans However, though downsides do exist, there are several benefits to setting up an employee profit-sharing plan. Some of the biggest benefits that create win-win situations for employees and businesses alike include: Increased morale and motivation. When employees see that they are benefiting from the company’s success, they will be more motivated to work harder and be a part of the company’s success. Increased productivity. When employees are motivated and feel appreciated, they will be more productive in their work. This boosts overall output and contributes to a healthier bottom line, which likewise contributes to the profit-sharing model. Attracts and retains top talent. Employees want to know that they are valued and that their hard work is being duly rewarded by making the company financially stronger. A profit-sharing plan shows employees that you care about them and want to reward them for their hard work. Overall, setting up an employee profit-sharing plan can be a great way to attract and retain top talent at your small business. While there are some drawbacks, the pros far outweigh the cons. If you are considering setting up a profit-sharing plan, be sure to consult with an accountant or financial advisor to make sure you are doing it correctly. My firm has helped many of our Clients set up profit-share plans that have been very effective in providing incentives for those employees who qualify and contribute to the success of the business profitability. What other advantages and disadvantages would you include? Please share your own thoughts and experiences so others can make a more informed decision. Interested in learning more about business? Then just visit Waters Business Consulting Group.

Read More »

Tackling Irrational Fears. Effective Strategies for Entrepreneurs to Achieve Small Business Success

Starting a small business is an exciting and challenging endeavor. Entrepreneurs often face numerous obstacles along their journey, and one significant hurdle is overcoming irrational fears that can hinder progress and success. These fears can stem from uncertainties, self-doubt, or the fear of failure. Tackling Irrational Fears: Effective Strategies for Entrepreneurs to Achieve Small Business Success The good news is that by employing effective strategies, entrepreneurs can confront and conquer their irrational fears, paving the way for their small businesses to thrive. So, let’s take a little time to explore some actionable strategies that entrepreneurs can utilize to tackle their fears head-on and achieve the success they desire. Identify and Acknowledge Fears The first step in overcoming irrational fears is to identify and acknowledge them. Take the time to reflect on your fears, noting specific triggers and patterns. This self-awareness will enable you to address them directly. Remember, fear is a natural human emotion, and everyone experiences it. By acknowledging your fears, you take the first step towards conquering them. Challenge Negative Thoughts Irrational fears often arise from negative thought patterns. Challenge these thoughts by examining their validity. Are your fears based on concrete evidence or mere speculation? Analyze the potential risks and rewards objectively. Reframe negative thoughts into positive ones, focusing on possibilities and opportunities. Embrace a growth mindset and replace self-limiting beliefs with empowering affirmations. Seek Support and Guidance Entrepreneurship can be a lonely journey, but you don’t have to face your fears alone. Surround yourself with a supportive network of mentors, peers, or fellow entrepreneurs who can offer guidance and encouragement. Share your fears with trusted individuals who can provide a fresh perspective or share their own experiences. Sometimes, simply talking about your fears can bring clarity and relief. Break Down Goals into Manageable Steps Feeling overwhelmed often fuels irrational fears. Combat this by breaking down your goals into small, manageable steps. By focusing on one step at a time, you create a sense of progress and accomplishment. Celebrate each milestone achieved, reinforcing positive emotions and building confidence. This incremental approach helps to dispel fears associated with the enormity of the task at hand. Embrace Continuous Learning One powerful way to combat irrational fears is through knowledge and education. Invest in your personal and professional development by attending workshops, seminars, or courses relevant to your industry. The more you learn, the more equipped you become to tackle challenges and make informed decisions. Expanding your knowledge base provides a solid foundation and boosts confidence in your abilities. Take Calculated Risks Entrepreneurship inherently involves taking risks. However, calculated risks are essential for growth and success. Analyze each potential risk carefully, considering the potential rewards and consequences. Develop contingency plans to mitigate potential pitfalls. By approaching risks methodically, you can alleviate irrational fears associated with uncertainty, enabling you to make informed decisions with confidence. Celebrate and Learn from Failure Failure is an integral part of the entrepreneurial journey. Rather than fearing it, reframe failure as an opportunity for growth. Embrace a mindset that sees failure as a stepping stone toward success. Analyze each failure objectively, extracting valuable lessons and adjusting your strategies accordingly. By celebrating your resilience and learning from setbacks, you will develop a greater sense of fearlessness. Lastly, be sure to practice self-care. Entrepreneurship can be demanding and stressful, making self-care crucial for maintaining a healthy mindset. Prioritize activities that promote mental and physical well-being, such as exercise, meditation, adequate sleep, and hobbies. Taking care of yourself strengthens your ability to cope with fears, enhancing your overall resilience and decision-making abilities. The Take-Away Conquering irrational fears is a vital component of entrepreneurial success. By identifying fears, challenging negative thoughts, seeking support, breaking down goals, embracing continuous learning, taking calculated risks, celebrating failure, and practicing self-care, entrepreneurs can effectively tackle their fears. Remember, fear is a natural part of the journey, but it should never hinder progress or define the outcome. With determination, perseverance, and the implementation of these strategies, entrepreneurs can overcome their irrational fears and pave the way for their small businesses to achieve great success. Are you 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 »
Starting a small business

How to Reassess Your Workspace Needs in a Hybrid Workplace Environment

Hybrid work schedules have become quite common. And, as the nearby quote from Harvard Business Review points out, hybrid workplaces are increasingly becoming more popular and might even be dominant in just a few years to come. If your business has begun to adopt this model or has already moved to this type of schedule, then you’re probably wondering how to increase its benefits for your business. One way to do this is to reassess exactly how much space your business needs to operate and perform its best without undue waste. Hybrid Workplace Advantages There are a number of advantages of hybrid workplaces. First and foremost is obviously employee satisfaction, as happier team members generally do better jobs and that of course benefits your bottom line. Another advantage is not having as many on-site materials and tools. In other words, it’s not necessary to have as many individual offices or cubicles, and/or PCs and printers as well as other peripherals. By all indications the future of work is hybrid: 52% of U.S. workers would prefer a mix of working from home and the office, saying it has a positive impact on their ability to be creative, solve problems and build relationships. Global research tells us 72% of corporate leaders plan to offer a hybrid model, and only 13% say they expect to decrease their real estate footprint in the next year, suggesting that organizations will continue to leverage their workplaces within a hybrid work future. —Harvard Business Review Additionally, a hybrid work model means that employees can better balance their personal and professional lives, which again comes back to their satisfaction and that is extremely advantageous to any business. What’s more, a hybrid workplace doesn’t always require as large of a physical footprint, which allows you to downsize and therefore save on your monthly expenses. How to Reassess Your Workspace Needs in a Hybrid Workplace Environment The very first thing you need to know is if a hybrid work environment will indeed work for your business over the long term. This will be fairly easy to assess if you’ve already adopted the hybrid model for several months or longer. But, if it’s still fairly new to your business, this evaluation might require quite a bit more time in order to make an informed decision If you are in a situation that has benefited from a hybrid work model for a substantial amount of time, then you can start to ask yourself where it’s possible to downsize and where it’s necessary to expand. For instance, you may not need as much physical office space but need to invest a little more in technology. Another consideration to take into account is your future plans to grow your business. If the hybrid model is only sufficient but not realistically scalable for your company’s future endeavors, then, of course, it’s best to play to your strengths rather than trying to force any other type of working model that just won’t produce the same outcome. What other considerations would you add to these? Please take a moment to share your own thoughts and experiences so others can benefit from your perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group.

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.