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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Tesla is Now Asking Suppliers for Cash Back, Here’s How to Avoid that Scenario

August 14, 2018 No Comments

Tesla is back in the news. Headlines proclaim the electric car manufacturer actually approached some of its suppliers, requesting cash back in an effort to realize profitability. Elon Musk quickly reacted to the reports. Now, it’s a he-said-she-said storyline. But, that’s just another fight the media will happily play up for clicks and tune-ins. The reality is Tesla is not a profitable company. Even though it enjoys so much buzz and customer loyalty, it can’t turn a profit. The Top Reason Small Businesses Fail The company reportedly burned through $1 billion in a quarter. And, it’s promised to bring its expenditure to under $3 billion this year. That, after it went through $3.4 billion last year. Not to mention, it lost $710 million in Q1 of this year alone. Just as good cash flow keeps a business afloat, poor cash flow can sink it. In fact, poor cash flow is a big reason why one in every four businesses doesn’t make it past the first year. And why more than half don’t survive past the fifth. —Fresh Books.com It gets worse. The company might not reach a stock conversion price of $560.64. Which means it will have to shell out $230 million to obtain a convertible bond in November. Its stock fell by nearly 4.5 percent just in the last twelve months and continues to struggle. This is an important lesson to those who’d like to start a small business because it’s one of the main reasons startups fail in the first place: inadequate cash flow and reserves. Problems with cash is typically the reason small businesses fail. Top Small Business Cash-Flow Mistakes to Avoid So, if cash is the biggest reason new companies fail, then how do they actually get into such a pickle? Well, it’s not just avoiding bad business ideas (although that’s certainly helpful), it’s more about being smart with money in the first place: Impulse spending. We all know retailers embrace this practice. But, it’s far too easy to fall into the trap of impulse spending, particularly during the startup phase. It’s also a shortcut to failure because it’s the ultimately lack of responsible cash management. Past-due receivable apathy. When cash is rolling in, it’s very easy to let an invoice or two or more slide. After all, there’s plenty of money coming in, so why bother? It’s important to stay on top of receivables because it sends the wrong signal when you become apathetic. Plus, you might be able to put that money to good use in the future. Not sticking to a real budget. You wouldn’t spend more money that’s in your personal bank account. However, when it comes to business finances, too many owners just don’t adhere to a realistic and strict budget. And, that’s a recipe for failure. Failure to put some cash aside. Feast or famine. That’s an old cliché but it’s entirely true for many businesses. That reality means it’s best to have some cash on-hand when needed because it’s very likely that time will come. What other ways do small business mishandle cash? What other advice would you give about maintaining positive cash-flow? Please share your thoughts and experiences! Interested in learning more about business? Then just visit Waters Business Consulting Group.

When Should Your Business Start Charging for a Free Service or Product?

January 16, 2020 No Comments

There comes a time when a business must start to charge customers for something it’s provided for free in the past. As consumers, we are all familiar with this phenomenon. Perhaps a local restaurant favorite, that previously furnished patrons with bread-sticks or chips, free of charge. Then, suddenly on one particular visit, that item was no longer provided for free. Why Businesses Start Charging for a Previously Free Product or Service Of course, there are a myriad of reasons for a business to transition from offering something at no cost to charging its customers for it. It could be due to a variety of situations, such as a lack in supply, an overall change in industry practices, perhaps a transition from one owner to another, or a simple revenue loss calculation. One of the secrets to business success is pricing your products properly. Price your products correctly and that can enhance how much you sell, creating the foundation for a business that will prosper. Get your pricing strategy wrong and you may create problems that your business may never be able to overcome. —Inc.com Whatever the underlying reason for the change, it is usually out of necessity, rather than just a capricious decision on the part of the business. Perhaps your company is experiencing this and you’re wondering if it is feasible to charge for something you have previously provided at no cost to your customers. It’s a tough decision because you’re obviously worried that it might hurt your business, either in the short- or long-term. How to Know When it’s Time to Begin Charging for a Service or Product Previously Provided at No Charge Of course, there’s always a risk entailed in going from no cost to charging for something, be it a service or a product. So, let’s take a look at a few reasons when it is appropriate to start charging for a service or product you previously offered at no cost: There’s a change in your cost. Let’s begin with one of the most obvious signs, a change in your expenses. You might have experienced an increase in how you acquire a product or need to keep up with the industry and start charging for a particular service you offered for free prior. Other businesses already charged for the same thing. Here’s another fairly straightforward reason — companies in your line of business already charge for that certain product or service. Perhaps you did not in the past because it was a way to drive business. But now that you’re established, it’s time for customers to pay for it. The industry itself is changing. Sometimes, market forces simply dictate a change in the way some companies do business. This might be one of those circumstances, when others in the same industry are starting to charge for something that they previously provided for free. It’s simply time to make the transition. There are times when it’s necessary to take a loss-leader and transform it over to a revenue generator. It isn’t really all that uncommon for businesses to take a small loss on a product or service for some length of time, only to begin to monetize it at some point. What other advice would you give about transitioning from taking a product or service from no cost to charging? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Less Texting More Face Time Equals More Success in Business

September 12, 2017 No Comments

No, I am not talking about the Facetime application … I am talking real, live one-on-one face time! Texting has become as normal a standard in our world as eating and sleeping, and in some cases it has become more important to some people than eating or sleeping! With texting, the level of trust is low. Texting does not allow for relationship building and real relationship building is required to develop trust. Texting only provides tentative, at best, minimal trust. It’s important to understand that low trust does not translate to success in business! Why Personal Contact Always Beats Out Texting in Business Ok, I am as guilty as anyone using text to communicate. Texting is an efficient and immediate form of communication that allows the sender and recipient to respond on their own terms. It’s very convenient. The benefits of texting are numerous, but the problems that texting develop or cause are now beginning to surface as we track data; auto accidents, pedestrian accidents, sleeplessness, lack of productivity, poor communication skills … and now less success in business due to limited and poor planning! Texting has its place, but not while walking, driving, during meetings, or especially at the dinner table. You want to improve your relationships with family, friends, and business associates, along with clients/customers? Call them, meet them for coffee or lunch, and build a relationship with eye-to-eye contact instead of sending texts. We never talk any more: The problem with text messaging – From CNN Tech Web site By Jeffrey Kluger As texting use rises, the phone call is becoming a dying institution American age 18-29 send an average of nearly 88 text messages a day Psychologists worry social skills in young texters won’t develop Habitual texters may hurt relationships, miss out on new ones Because texting is convenient and can be done almost anywhere, it tends to substitute proper planning in advance for last minute texting to coordinate meetings, directions, critical information, etc. Recently, it hit me why last minute texting is a pet peeve of mine. Why? It minimizes our need to plan because we expect immediate responses. So why plan in advance when you can text at the last minute? Is it not more convenient? Does this rationalization sound familiar? Let me provide a real-world example. When texting or cell phones didn’t exist, we all had to plan out our days, our travel, our meetings … our whole day-to-day life. It required goal setting and developing a plan because there was no cell or text to connect at the last minutes. We had to pre-plan even if the plan was just meeting someone for lunch, or meeting someone at an event. Today, I hear many people say, “We’ll figure it out; I’ll text you.” Real success occurs when you plan in advance by writing down your goals and when you have a plan to achieve those goals. Or in the case of meeting or connecting with someone, you plan in advance so that you minimize the use of text while driving to the meeting! Achieving Your Goals Statistics show more than 70 percent of people never have goals. And, only 28 percent say they have some kind of goals, with just a meager 2 percent having written goals. Moreover, it’s estimated that this 2 percent controls over 90 percent of all income. Goals require planning. This includes planning your weekly business calendar of priorities which are part of your strategy to achieve you goals. So, if you have a plan, you can easily set a meeting and location based on your schedule. If you have no plan, and your plan is to “figure it out and text” at the last minute, then your potential for success diminishes greatly. Align your plan with your goals, by scheduling your plan in a calendar. Instead of texting for directions or meeting locations or times at the last minute, usually while driving and walking, pre-plan your meeting in advance and call or e-mail the information. Then use the time while driving to clear your mind and prepare for your meeting. That will produce far more effective and successful meetings than texting at the last minute. “By failing to prepare, you are preparing to fail.” –Benjamin Franklin Try this for 2 weeks Take 1 hour to plan your week by pre-scheduling all the priorities you need to accomplish in your plan for achieving your goals for the next two weeks. Put each priority in your schedule under a block of time. Allow time for travel, meals, errands, family, work outs, etc. (This takes thinking in advance, but by pre-planning, you will address any logistical challenges in preparing your plan and be able to adjust prior to your meeting or event.) Call and use your voice to communicate your plans with those you are meeting. When you get to the meeting or event, avoid texting and focus on eye contact and listening to your client, customer, vendor, or associate. In doing so, you will have less stress, higher productivity and greater success … with less aggravating, last minute, in between traffic lights and phone call texts … I guarantee it! So, put down your mobile device and start planning for Less texting and more real face time that will help you succeed in business!

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

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Tesla is Now Asking Suppliers for Cash Back, Here’s How to Avoid that Scenario

When Should Your Business Start Charging for a Free Service or Product?

Less Texting More Face Time Equals More Success in Business

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