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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The Landlord is Seriously Raising My Business Space Rent – What are My Options?

July 13, 2022 No Comments

Commercial tenants can expect their rent to go up every year. In fact, it’s a bit unusual for the rate not to increase at the end of a lease. But sometimes, unscrupulous landlords will take advantage of their tenants’ naivete and exercise a somewhat obscure clause that allows them to up the rental rate substantially. So much, that it can increase by a relatively high percentage, thus making it virtually unaffordable. Fortunately, there are some options commercial tenants have in these situations. Business Owners, Know Your Lease Although it may seem completely obvious or self-evident, don’t just skim over any commercial lease. If necessary, pay an attorney to look it over and explain it to you on a very elementary basis. Or, go over it carefully yourself and if you don’t understand something, be sure to research it on your own – do not just take the landlord’s word for what it truly means. There’s no standard agreement for commercial leases. In fact, negotiating the terms of commercial leases is usually expected. Depending on the state of the commercial real estate market, a business may be able to obtain significant concessions from a landlord. A property owner with a largely vacant business park, for example, will most likely make allowances. On the other hand, the business renting the space will have less control over the terms of a lease in a hot rental market or when renting a premium space. —FindLaw Small Business We’re not going to get into commercial lease types, because there are many kinds. But, it is quite common for leases to contain various expenses besides just renting pure square feet, including common area maintenance and repairs, and other expenses. However, it certainly isn’t unheard of that tenants get stuck with even more expenses related to their business rentals. So, again, be sure to understand the lease before you sign on the dotted line in order to avoid any confusion or surprises in the future. What To Do When Your Business Rent goes Up Unexpectedly If the commercial space you’re leasing for your business goes up dramatically, you do have some options available, though they may not always be the best. Here are a few things you can do if the landlord raises the rental rate on your commercial space: Do your research first. Start by getting a firm grasp on your state’s commercial rental laws. This won’t necessarily be a fun task, but a very necessary one. If you understand how these laws work, you may find something in your favor. At the very least, you’ll have more knowledge about how the landlord-tenant laws work in your state and will be wiser to make better decisions in the future. Survey the local market. The next thing you should do is to start looking at other commercial spaces immediately. You just may find some deals out there that would allow you to either lower your current rental rate or be competitive. Because of the pandemic disruption, many commercial landlords are desperate for tenants, since so many businesses have adopted work-from-home and hybrid models. Try to renegotiate your current lease. Another option is to try to renegotiate the lease on the property you are currently occupying. You can use your newfound knowledge of the law and of the local market opportunities to your advantage. This is especially helpful if you really want to avoid the hassles of moving your operation elsewhere, and the landlord is willing to be reasonable. How else would you deal with a sudden commercial rent increase? Please take a few moments to share your thoughts and experiences so others can benefit from your input! Interested in learning more about business? Then just visit Waters Business Consulting Group.

How Strangers Can Teach You to Personally Connect

May 16, 2017 No Comments

Meeting strangers is something we do often. It’s part of life, and, most first time encounters are awkward. We meet new people in our professional lives and that creates anxiety. Even in social situations, it can be difficult. As you become more familiar with others, the apprehension subsides. It’s a process with a learning curve because everyone you meet is different. Personality type plays a big role in how we interact with others, carefully choosing words that are appropriate for the situation. For some, like full-blown extroverts, meeting new people is a cinch — it comes quite naturally. For the majority, however, that’s simply not the case. You always want to make a good impression and be liked from the very first moment. It’s how to accomplish that goal you probably fret over most. How Strangers Can Teach You to Personally Connect Strangers are everywhere. No matter where you go, chances are excellent you’ll be surrounded by strangers. Even people you see all the time, but don’t interact with, are part of day-to-day life. You can learn from this common phenomenon by watching and listening. Taking a bit further, think about and compare those interactions to people you consider friends. At one point, you didn’t know one another, but now, you do. You’ve found you share an interest, hobby, or personality trait. The most powerful way to create an instant connection with your friends, family, co-workers and everyone you will ever meet from this moment on is simple. Just shut up and listen. —Entrepreneur.com When you were new to one another, think back to what led you to become friends. Perhaps you had children in the same classroom, shared office space, or, got your morning coffee from the same place. Whatever brought you in contact, you eventually interacted. So, when you meet someone new, be mindful of how he or she connects with you. Some are better than others, but, no matter their demeanor, you’ll still learn. Of course, those you’ll learn the most from are people who are instantly likable. In business, connecting on a personal level is a must to foster a solid relationship. It’s the people you meet and help who will be some of your best brand ambassadors. If you want to connect with others nearly instantaneously, pay close attention to strangers you meet who have that very ability. What you’ll notice is there are commonalities, like the following: They genuinely smile. This simple facial expression that indicates joy, pleasure, or entertainment, is very powerful. It sets the tone and makes you approachable. In addition, it conveys you are an amicable person. The trick is to do so naturally — a forced or fake smile will do the opposite of a genuine one. If you are a person with a natural scowl, then just think of something that makes you happy. They greet you and use your name. You’ve probably gone through a conversation with someone new and never once heard your own name. People who naturally connect, greet you with enthusiasm, and, use your name. It’s something our brains are hardwired to enjoy because it identifies us as individuals. Do the same: greet with eagerness, smile, and use his or her name. Just a few mentions will do a lot to establish a rapport. They interject levity. Another common part of interaction is the dreaded bore — the person who drones on and on about this or that. It’s the exact opposite of people whose company we most enjoy — those who make us laugh. Little anecdotes, small observations, and even humorous situations really help to break the ice. Not only is a great way to be amicable, it also helps to foster a more casual conversation. Just be mindful to use appropriate language and not go overboard. They gesticulate smartly. People who connect instantly gesticulate, but do so in a savvy manner. They use their hands and arms to show enthusiasm and energy, which helps to hone your attention. Use the same technique when you are meeting someone, but do so without going too far. They truly listen. There’s practically nothing more frustrating than being barraged by words without being able to reply. People who naturally connect do so in-part, by letting others talk, and, by listening. When you meet someone for the first time, one of your goals should be to get them to talk about themselves. Another commonality is they talk to everyone. No, not in a babbling or bombastic manner, but in an inclusive way. If you adopt this practice, small talk will flow naturally and you’ll be able to connect faster. Connecting and continuing the Communication is what builds the Relationship. If it is a Relationship worth building, continue the process and you will move to Trust which brings on a higher level of interaction and experience which can transform your life. Go out and meet new people … and see where your journey takes you! [shareaholic app=”follow_buttons” id=”26833294″]

In the Hybrid Work World, Some Perks are Disappearing, But Should Your Business Take Advantage

July 5, 2024 No Comments

In the Hybrid Work World, Some Perks are Disappearing, But Should Your Business Take Advantage? Summer Fridays were once widely embraced by businesses to boost employee satisfaction and provide adaptability in a highly competitive employment landscape that demanded companies offer certain perks and fringe benefits. Back in 2019, a significant 55% of U.S. companies adopted summer benefits, allowing employees to either take Fridays off or depart early during the warmer months, as indicated by Gartner’s research. However, the onset of the pandemic in 2020 and the subsequent growth of remote and hybrid work models have seemingly diminished the appeal of this particular Friday perk for many companies. Recent data from Flex Index reveals that 37% of U.S. companies now follow a structured hybrid approach, marking an increase from 20% in early 2023. Additionally, 32% of companies offer complete flexibility, while 31% maintain a full-time, in-office attendance requirement. The surge in hybrid and remote work arrangements might be responsible for the decline in Summer Fridays. A 2023 survey by Monster.com, a job recruitment website, reported that only 34% of U.S. workers were offered summer benefits. This data begs the question: how do companies deal with employee perks amidst a changing business landscape? How Businesses Can Strike a Balance When Deciding Which Workplace Perks to Adopt and Which to Drop Balancing workplace perks for small businesses involves considering the needs and preferences of employees, the company’s financial capabilities, and the overall impact on productivity and morale. Here are some steps small business owners can take to strike a balance: Understand employee needs. Conduct surveys or hold discussions to understand which perks are most valued by employees. This can help in prioritizing benefits that align with their needs and preferences rather than guessing or relying on intuition. Financial viability. Evaluate the cost of each perk and its potential return on investment. Consider the financial health of the company and the long-term sustainability of the benefits package. The answers you find may surprise you and it’s better to know definitively than to ballpark estimates. Legal requirements. Ensure that the benefits package complies with all relevant laws and regulations, such as the Family and Medical Leave Act (FMLA) and the Affordable Care Act (ACA). Flexibility. Consider offering flexible benefits that can be tailored to the individual needs of employees. This could include options for remote work, flexible working hours, or additional benefits like gym memberships or childcare support. Regular review. Regularly review the effectiveness of the benefits package and make adjustments based on employee feedback and changing business needs. Communication. Keep employees informed about changes to the benefits package and the rationale behind these decisions. Open communication can help to manage expectations and maintain morale. Benchmarking. Look at what similar companies are offering to ensure that the benefits package is competitive within the industry. This also helps you to keep your employee retention high as they’ll have less incentive to go elsewhere. Additionally, be sure to consider alternatives. If certain perks are too costly, consider alternative ways to achieve the same goal. For example, instead of offering a full gym membership, the company could provide a fitness stipend or organize group fitness classes. By doing just a bit of research and listening to employee feedback and concer, small business owners can create a benefits package that supports the well-being and productivity of their employees while also being financially sustainable for the business. Want to Accomplish More? Do you want your company to grow faster and earn more while you spend more time with your family doing all the things you started your business to do? 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) 541-1760, or, if you prefer,