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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Can Hanlon’s Razor Help Your Business Cut to the Core or Nick the Quick?

December 12, 2024 No Comments

There’s certainly no shortage of tricks to use to get at the heart of a matter, Occam’s razor being one of the most famous, it’s a principle that states the simplest explanation tends to be the right one.

The 3 Biggest Social Media Marketing Mistakes

March 10, 2020 No Comments

The three biggest social media marketing mistakes small businesses make might surprise you. In fact, two of them seem contradictory, that is, once you learn their details. But, knowing about these unforced errors can help a business create brand awareness, reach a larger audience, and sell more. Read on to learn about the three biggest social media marketing mistakes small businesses make. The Importance of Social Media Marketing Social media marketing is an obvious necessity in today’s business environment. Consumers get most of their news and information from social media. It’s where 3 out of 5 consumers discover new products and services and/or are repetitively exposed to them on a regular basis. It’s also the place where literally hundreds of millions of people go day after day. Most modern businesses understand the importance of using social media to promote their brand and interact with consumers. Indeed, social media is at the core of many companies’ digital strategy, often delivering measurable results in terms of sales, leads and customer service. That said, there are many social media mistakes that we see time and time again: strategic errors that leave leads on the table and opportunities unexplored. —Forbes.com With such wide reach and exponential potential, it’s no wonder social media marketing is the preferred medium of the largest international brands. Small businesses can also tap into this powerful branding tool, by building a presence. However, it must be done with an effective strategy. 3 Biggest Social Media Marketing Mistakes The lack of strategy, unsurprisingly, is where too many businesses go wrong. Just having a presence and posting updates isn’t enough. It is very important not to commit these three huge social media marketing mistakes, too: Posting too little. If there’s one rule small businesses should follow in regards to social media marketing, it is consistency. Too many businesses start off posting regularly, only to update their pages less and less. Eventually, updates are sporadic, becoming few and far between. Hence, people don’t encounter them often enough and that’s a really bad thing. Posting too much. On the other hand, some businesses over do it. They post so frequently, there’s no discernible message or value to their target audience. These businesses make the mistake of confusing quantity for quality, and that too, is a huge mistake. Posting for the sake of it usually only serves to irritate people, not endear them to the brand. Not effectively branding. The last point plays into this one. It’s a well-known fact in the digital marketing world people often forget where they see things on social media, more particularly, not remembering the source. In other words, they might recall a product or service, but can’t recall the platform on which they saw it, and more importantly, which business it posted the content. Therefore, it’s imperative to have a consistent brand presence so people associate your business with its products and services. What other mistakes would you advise small businesses to avoid? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Not Conducting Exit Interviews? Here’s What You’re Missing

August 6, 2021 No Comments

An exit interview is conducted for two principal purposes. The first is to learn about the soon-to-be former employee’s experiences at the company. The second is to determine the reason he or she is leaving. Those are pretty straightforward and can provide valuable insight into how a business operates from an employee’s point of view. This is why large corporations establish these separation procedures. However, even small businesses can take advantage of what exit interviews have to offer. Downsides to Holding Exit Interviews Now, there are of course pros and cons to conducting exit interviews. The first and perhaps most obvious is that a future former employee May be unwilling and/or apprehensive about the possibility of burning bridges. In other words, you might not get the unfettered truth to every answer. Plus, it’s possible the person will go out of his or her way not to offer honest answers. Then, there’s also the possibility he or she will hold back information and that of course can undermine the entire exercise. Exit interviews are conducted to generate feedback from employees with the goal to lower employee turnover rate, raise employee retention, and improves aspects of the organization as a whole. After conducting the interviews and reviewing the data, organizations will use the employees’ suggestions to create a better organization for which their employees want to work and succeed. —Work Institute.com What’s more, if you do get the whole truth, and nothing but the truth, your action on the other side can be very detrimental. After all, the departing employee might provide valuable insight into correcting certain issues or problems within his or her position that could benefit his or her successor and/or, the business as a whole. Failing to apply solutions could result in remaining employees knowing that nothing was done, and that can be quite damaging to morale. 3 Biggest Exit Interview Benefits Obviously, companies conduct interviews as part of their business practices for good reason. And, as mentioned above, even small businesses can reap the same benefits. Here are the biggest advantages of conducting exit interviews: Gain inside perspective. Managers, administrators, and owners are routinely surprised by what they learn through exit interviews. Because they are in charge at the top, they believe they have some sort of omniscient knowledge, but that’s certainly not always true. In fact, this is why third-party HR services offer exit interviews since they understand through experience that the upper echelons of companies aren’t always aware of everything that’s actually going on. Discover unknown issues. Along the same line, it’s not only learning the intricate dynamics or the minutiae of a certain position, but also the problems and issues that affect said position being vacated. It’s not at all unusual for the exit interviewee to reveal certain points of friction or areas of frustration with the position they are leaving. This too is very valuable information and gives the company and opportunity to make key changes. Increase employee retention. One of the main reasons companies conduct exit interviews is to gain knowledge of the benefits listed above in order to enact reforms or policy initiatives that serve the employees better. By doing so, the businesses are able to improve on their operational practices and that can also benefit other areas, such as employee cohesion, morale, and productivity. What other advantages do exit interviews offer? Please take a brief moment to leave a comment and 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.