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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Here are the 3 Biggest Leadership Blind Spots Harming Businesses Right Now

January 1, 2019 No Comments

The top leadership blind spots aren’t new phenomenon. In fact, these are common and have persisted for practically as long as the market existed. Even in an age of readily available information, it’s far too easy to get caught up in these traps. So, let’s take a quick look at the most common leadership blind spots to avoid. Leadership Blind Spots Lead to Failure Blockbuster. Walden Books. Barnes and Noble. MySpace. J.C. Penny. Sears. K-Mart. Edsel. Steak and Ale. The list goes on and on and on and on. Of course, hindsight is 20/20. But, even in when things began to unravel, these brands just didn’t do enough to adapt. When you look closely at what triggers crises in organizations, you often see that there is a major leadership oversight or blind spot that has allowed the crisis to exist in the first place – and then grow, unrecognized, until it’s too late. Just as many leaders want to be perceived as trustworthy in a rapidly changing environment, leaders themselves need to be aware of who and what they are trusting. Misplaced trust is a clear precursor to trouble. —Forbes What so many in the public saw as clear writing on the wall, the powers-that-be or rather, were, internally didn’t fully comprehend or heed. The result — utter failure. All of the above examples are prime examples of blind spots taking over and leading straight to obsolescence. Top Leadership Blind Spots Harming Businesses It’s not altogether clear what actually happened to bygone companies but it is readily clear what action was taken simply did not suffice. Okay, that’s a bit obvious. However, it’s not always easy to see what’s truly going on and that’s what gives blind spots their names. Here are the top three leadership blind spots harming businesses today: The dreaded status quo. Sure, we’ve all heard and even used the term. Still, it’s used so much that its meaning has nearly been lost. Status quo ante or literally, “the state in which before,” says it all. “Before,” meaning a shift occurred. When things are going well, it’s all too easy to forego considering what might lie ahead and that’s a big blind spot. Spending even more money. When a project doesn’t go the way it’s planned, there just might be a temptation to turn it around — by throwing more money at it. But, bailing out is only a stop-gap measure, it doesn’t actually remedy the problem. Focusing on the short-term instead of long-term. Although short-term wins do much they also can obscure long-term consequences or trends. While it’s great to accomplish something that pays off today, it’s very damaging to let that satisfy and take the edge off the unknown of tomorrow. What other leadership blind spots would you include? And, how do you identify and get past them and others? Please share your experiences by leaving a comment! For more good reading on Blind Spots, please click on these links for a book written by a good friend, author and paid keynote speaker, Kevin McCarthy. Bestselling book: Blind Spots: Why Good People Make Bad Choices Www.KevinMcCarthy.com Www.LinkedIn.com/in/kevinmccarthyCSP Www.Twitter.com/kevinmccarthy01 Immediate Past President for National Speakers Association, Oregon Chapter. NSA Chapter Member of the Year 2014-2015. Interested in learning more about business? Then just visit Waters Business Consulting Group.

3 Sure-Fire Ways to Exhaust and Infuriate Good Employees

August 5, 2020 No Comments

No manager or business owner sets out to sabotage their employees. But, that’s sometimes the end result, brought on by a number of different behaviors. For instance, it’s well known that holding unnecessary meetings is a great way to agitate and irk team members. After all, they know superfluousness when they’re unwillingly subjected to it. So, it only serves to bother and anger people. But, that’s not the only way entrepreneurs and managers alike aggravate and annoy employees, there are others. Employees’ Needs are Important Your employees’ needs must be met in order for them to respect you. That doesn’t mean giving them everything they want. But, it does mean treating them the same way you’d want to be treated if you were in their shoes. For instance, unclear communication. Being unclear is just as bad as being unkind. Without clarity, you’re not providing ample direction and that is a real source of frustration for your employees. Toxic company culture often starts at the top in the active bad behavior of a senior leader or by those who have supervisory responsibilities. To get the root of the problem follow the toxicity wherever it leads because people don’t leave companies, they leave managers. —Entrepreneur.com Conversely, there’s also such a thing as providing too much detail. It’s the true-life version of drinking from a fire hose. You’re providing way too much information to process. This inevitably results in bewilderment and/or confusion. Unsurprisingly, employees don’t really understand the overall picture because you’re losing them in the minutia. 3 Sure-Fire Ways to Exhaust and Infuriate Good Employees Although the above examples are ways to run down employee morale, three other behaviors will outright cause them to sour. Here are the three ways that entrepreneurs and managers effectively ruin their teams: Micromanaging. This is probably the most hated and counterproductive managerial trait of them all. By not giving people their independence and autonomy, you are disrespecting them. Plus, this stifles them intellectually and creatively. Moreover, it results in feeling unappreciated and resentment builds. In short, there’s nothing good that comes from micromanaging. Making too many changes. While change can be a good thing, and sometimes it’s absolutely necessary, too many changes will only cause chaos. Employees will lose track of what is acceptable and what’s not and will eventually fail to recall the latest policies and procedures and even goals. Being indecisive and too emotional. When you lead with enthusiasm and vision, that’s a great way to get your team members excited. But, If you lead by raw emotion only and worse yet, can’t make a decision at critical moments, you’ve clearly demonstrated your not cut out for a role in leadership. Yes, there will be difficult decisions and times when emotions will run high or low, but you have to stay calm and avoid rash decisions. Or, failing to make any decisions whatsoever. What other managerial behaviors do you think irritate and/or undermine employees? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Ways to Build Strategic Partnerships

May 16, 2017 No Comments

There are many ways to build a business, and few are as powerful as establishing strategic partnerships. Ideally, these create win-win scenarios where both parties benefit. The problem with such relationships is they can become more of a burden than a help, particularly when rushed, or, when done with disregard for others. Savvy business owners know the benefit of strategic partnerships, forging an alliance with another entity to provide more products and services to their customers. In fact, a 2014 survey conducted by PricewaterhouseCoopers revealed that in excess of 80 percent of CEO’s looked to create such relationships. However, the sad fact about these partnerships is that a 65 percent were actually successful, so, 15 percent of those did not work out. Ways to Build Strategic Partnerships Strategic partnerships are generally sought in order to expand without the cost of an actual expansion. It allows entrepreneurs to tap into resources with existing structures and increase their books of business. Unfortunately, empirical data shows that half of these business relationships fail. The reasons are many, but it can be avoided if you take the necessary precautions. The formula for a successful strategic partnership may seem easy: 1 + 1 = 3. Indeed, partnerships are a proven way to boost the bottom line. American Express surveyed small businesses in government contracting and found that those who teamed up won 54 percent more prime contracts than average. But creating effective alliances is not always so easy. Partnerships gone wrong can lead to frustration, financial losses and even litigation. —Success.com Of course, no amount of caution or preparation guarantees things will work out without a hitch. Small businesses can really benefit from strategic partnerships, but to do so, you have to establish a good rapport and be transparent as to your wants, needs, as well as expectations. Here are some ways to build strategic partnerships that will help your company grow while benefiting your business partner: Know and quantify your abilities and resources. One of the worst decisions to make is to form a strategic partnership without being able to fulfill your obligations. You certainly don’t want to crack egg all over your face. So, don’t put yourself in such a position and know precisely what you can bring to the table and be upfront about it. Even if you can patch together enough to deliver when necessary, you don’t want the stress that comes with this kind of a situation. Be very clear on your “why.” Another huge, colossal mistake, that business owners make is forming partnerships simply to increase their bottom lines. While that is definitely part of the equation, if you don’t go into a relationship with selfish service in-mind, you’re setting yourself up for big time disappointment. Ask yourself honestly why you want to form a business relationship. If you can’t find an answer other than money, you’re eventually going to sabotage your own efforts. Ask for reasons why potential partners want to connect.What’s true for you is just as true for potential partners. Don’t be afraid to ask penetrating questions to get at the truth. If you discover he or she is on a one-way self-serving mission, you definitely need to pass. Seek those with a shared vision and value system. Take it a step further than just asking questions and get to know him or her before you partner. Build a relationship and during that time, you’ll learn their vision and values. Go slow, learn, and take the time necessary to make the right decision. In addition to these, don’t expect miracles to happen after you form a strategic partnership. In fact, you ought to expect to be uncomfortable from time-to-time by getting out and meeting with your strategic partners face to face. There’s just no way to hedge against every possible contingency, but fostering and developing positive relationships will build trust and eventual business between the strategic partners. Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]