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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How to Hire a Replacement for a Key Role in Your Small Business

September 28, 2023 No Comments

Hiring the right replacement for a key role in your small business is a critical decision that can significantly impact your company’s success. Whether you’re replacing a retiring employee, filling a newly created position, or addressing a talent gap, the hiring process should be thoughtful and strategic. How to Hire a Replacement for a Key Role in Your Small Business Obviously, hiring a new employee is always a big decision, but it’s especially important when you’re a small business owner and you need to find a replacement for a key member of your team. The wrong hire could have a major impact on your business, so it’s crucial to take your time and get it right. In order to make the right decision, you need to not only follow your gut and listen to trusted sources but also do these five things: Assess your needs. Before you start the hiring process, take time to assess your business’s needs. Clearly define the role you are looking to fill and identify the specific skills, qualifications, and qualities required. Consider both technical skills and soft skills like communication, adaptability, and cultural fit. Update the job description. Craft a detailed job description that accurately reflects the role’s responsibilities, expectations, and qualifications. Be transparent about your company culture, values, and mission to attract candidates who align with your business’s ethos. Consider remote talent. In today’s digital age, remote work is increasingly common. Don’t limit your search to only local candidates. Opening up the position to remote talent can significantly widen your pool of potential replacements. Screen resumes and applications. Review resumes and applications carefully, looking for candidates who possess the qualifications and experience outlined in your job description. Look for relevant work experience, education, and a track record of success in similar roles. Conduct thorough interviews. Conduct in-depth interviews with candidates to assess their skills, qualifications, and cultural fit. Use behavioral interview questions to gauge how candidates have handled specific situations in the past, as this can provide insight into their future performance. The specific skills and qualities that you look for in potential candidates will vary depending on the specific job requirements. However, some general skills and qualities that are important for any small business employee include: Hard skills: These are the technical skills that are necessary to do the job. For example, if you’re hiring a customer service representative, you’ll need someone with strong communication and problem-solving skills. Soft skills: These are the interpersonal skills that are essential for working well with others. For instance, you’ll want someone who is a team player, has good communication skills, and is able to handle stress well. Cultural fit: It’s important to find someone who will fit in with your company culture. This means finding someone who shares your values and who is a good fit for your team. In addition to the above skills and qualities, you may also want to consider the candidate’s experience, education, and references. By taking the time to find the right person for the job, you can ensure that your business is in good hands. Hiring a replacement for your small business is a significant undertaking that requires careful planning and consideration. By assessing your needs, crafting a compelling job description, and following a thorough hiring process, you can find a candidate who possesses the skills and qualities necessary to contribute to your business’s growth and success. Remember that hiring is not just about filling a position; it’s about building a team that aligns with your company’s vision and values. Interested in learning more about business? Then just visit Waters Business Consulting Group to learn more about us and the services we offer. You can phone 602-435-5474 or send us an email.

Have You Tried the Discarded Napkin Test?

October 29, 2017 No Comments

Have you tried the discarded napkin test? Perhaps you’ve never heard of it because it isn’t an actual thing. But, this simple sociological experiment does reveal some fascinating insight into how we perceive others and gauge various environments. Don’t bother Googling it, you won’t find any on-point results. However, that doesn’t mean it’s not useful. Try the Discarded Napkin Test for Yourself The discarded napkin test is a simple one. And, it clearly demonstrates the importance of appearance. Here it is: go into a casual restaurant prior to the lunch hour rush. Crumple a clean napkin and place it on a clean but empty table. Sit nearby and watch how many people past the “tainted” table up for another. Eventually, if there’s no more tables available, someone will muster the courage to clean it off. Or, give into the frustration of the limited seating options and swipe it to the floor. Many workplaces have dress codes, particularly workplaces in industries in which image is highly valued and workplaces in which employees have regular face-to-face contact with customers. Whether you are considering setting a dress code for an existing workplace or trying to decide whether your new retail store will require employees to adhere to a dress code, consider the broad benefits and potential drawbacks — like backlash from casual-dressing employees — of such a move. —Houston Chronicle The point is, people will choose to sit elsewhere even when the only flaw with a table is a discarded napkin. That’s it. Its unpleasing appearance is enough to turn off person after person. Although a bit strange, it’s true. And, it begs the question — are employee dress codes good or bad? Employee Dress Codes Pros and Cons Okay, so there are a number of dumb office rules that drive employees crazy. But, some make sense to enforce. When it comes to employee dress codes, it’s not always cut and dry. This means, while an employee dress code can actually be a good policy, it can also be a bad idea. Here are some employee dress code pros and cons to consider: Pro — professional appearance. The single biggest benefit of an employee dress code is it provides a professional appearance. It’s especially useful in retail settings and offices. In the former, uniforms distinguish employees while the latter, business casual provides a professional yet laid back experience. Con — stifles personal style. Although a dress code does provide a more professional experience, it also can stifle personal style. That can mean rebellion, particularly in an office setting. Team members might feel an imposition and possibly a bit untrusted. Pro — provides “uniform” experience. Of course, you’d like your business to send a uniform message, which uniforms undeniably provide. However, in an office setting, this is a little more problematic. But, broad rules with clear prohibitions usually works well. Con — needs consistent policing. Now, the biggest downside of any dress code is the need to police it constantly and consistently. Otherwise, it’s just a suggestion and not enforced policy. At least, that’s the way employees will feel. What other pros and cons of employee dress codes have you experienced? Do you favor a strict dress code or a loose one? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Accomplish Your Biggest Goals in Small Steps

May 16, 2017 No Comments

You’ve probably heard the way to eat an elephant is to take one bite at a time. In business this is fundamental because it decidedly identifies the road to success. This road, it should be well understood, isn’t an easy path and will have plenty of bumps along the way. These setbacks, or failures, are excellent parts of the learning curve and are typically more valuable than successes. Savvy entrepreneurs embrace this truth and use it in a strategic way. Some of the largest and oldest companies were born from simple ideas. These giants grew from obscurity, not because of all they offer, but because each accomplished a goal which made them instrumental to the world of commerce. In 1939, after many frustrating years, inventor Charles Goodyear discovered the process of vulcanization. Though the legendary achievement is etched in history, the backstory is quite telling. Goodyear spent years trying to turn his concept into reality. He went dead broke and into extreme debt, yet endured and persisted on one single goal. How to Accomplish Your Biggest Goals in Small Steps Of course not every entrepreneur suffers such extreme adversity. It’s true that the majority of businesses do experience fits and starts but overcome and go on to achieve enough to turn a respectable profit. The way this happens is through a series of phases which include periodic cycles of failures. These aren’t due to lack of motivation, not being smart or talented enough, but the result of trying to accomplish too many things at once. When people set out to begin a major work project or adopt a healthier lifestyle, it’s easy to become discouraged when picturing the long road ahead. By the same token, even smaller-scale plans like keeping a medical appointment or a standing date to the gym can become easily derailed by the busyness of our daily lives or a simple aversion to the doctor or the treadmill. —The Wharton School Let’s get back to how to eat an elephant. The key to tackling any big goal is to do so in a smart and workable manner. Though most people understand reaching a goal takes time, their enthusiasm causes over-reach and that’s when things start to go wrong. You just can’t do six things at once and expect to master all of them. Too many directions, which is to say too many projects, is a recipe for failure. So, the key to success is the opposite — do one thing at a time. Here’s how to accomplish your biggest goal in small steps: Set a big goal to reach. The first step is to set a realistic goal. There’s nothing wrong with dreaming big but these can be too large to reach before feeling discouraged. One of the reasons entrepreneurs achieve success is they have a vision that’s focused and workable. Identify a realistic path to take. Another component to achieving your big goal is to map out a realistic path to take. Break the process down into phases —these don’t have to include every possible detail or include all contingencies. Martin Luther King remarked on this when he said, “Faith is taking the first step even when you don’t see the whole staircase.” Start with one small, incremental step. You’ve probably heard different adages about the first step being the hardest. It’s true and to feel a sense of accomplishment while building momentum, the first step ought to be small. Take a moment to reflect the accomplishment. After each incremental step or phase is complete, take time to reflect on your accomplishment. The sense of pride is inspiring, and it reinforces your self confidence. With every step and phase completion, you can look toward your ultimate goal but stay focused on the here and now. This will help to motivate you and it’s a great way to appreciate your hard work. As a side note, it would be an honor to help out my LinkedIn connections with their business. At minimum, I’d love to connect and be in touch. We can do this by you signing up & getting my Top 5 Business Tips each month; and it’s free! May Your Business Succeed Beyond Your Dreams! ~Best, John Waters Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]