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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Could Your Business Survive Morristown-Like Conditions?

December 6, 2024 No Comments

Contrary to popular belief, Valley Forge wasn’t the worst winter the American Continental Army faced during the War for Independence. The revolution against Britain posed many challenges, but perhaps the worst was experienced in Morristown, New Jersey. During the 6-month deployment, temperatures only rose above freezing for two days, it even snowed in May. Chilled to the bone and without food, some soldiers wrote in their diaries they built fires not only for warmth but to cook and eat their own shoes. Conditions were so bad, that extreme hunger and starvation, along with a lack of provisions and building supplies, caused many infantrymen to either starve to death, contract disease, desert, or plot a mutiny. Morale became so low the camp devolved into extensive chaos, forcing George Washington to order the execution of eight men. They were marched to the gallows, where fresh graves and open pine coffins lay right in front of them. Just as the nooses were being put around their throats, a junior officer emerged from Washington’s quarters and yelled, “Reprieve, reprieve, reprieve!” Quickly after, seven of the prisoners were set free, but one desperate, unfortunate soul, was hanged to death in front of the entire camp that day. While Valley Forge is the most recognizable historical event, when it comes to prolonged suffering, Morristown was markedly worse. One could argue the siege of Charleston rivaled such trying times given the sheer terror unleashed. Residents of the city faced for 40-plus days as the British bombarded the town day and night. The Continental troops, severely and woefully outnumbered, tried to hold the Red Coats off, but to no avail. Eventually, commander General Benjamin Lincoln was forced to capitulate and had no choice but to surrender. Obviously, the American colonists persisted in their move for Independence against the crown, and today, the United States is the most powerful and prosperous nation on the planet. But it didn’t happen without great sacrifice and perseverance through extraordinary circumstances. The country has experienced at least a few huge economic downturns. Business cycles that were so bad, they forced several companies to shutter their doors forever. 7 Strategies for Small Businesses to Survive During Lean Economic Times While you probably won’t experience such extreme circumstances, a struggling economy can bring harsh times. Small businesses often face significant challenges during lean economic times. However, with strategic planning and thoughtful decision-making, they can navigate these difficult periods and emerge stronger. Here are some key strategies for small businesses to survive and thrive during economic downturns: 1. Manage Cash Flow Prudently Cash flow is the lifeblood of any business, especially during tough economic times. To manage cash flow effectively: Monitor cash flow regularly. Keep a close eye on your cash flow statements to understand where money is coming from and where it’s going. Delay non-essential expenses. Postpone any non-essential expenditures and focus on spending money on what keeps the business running. Improve receivables. Encourage prompt payment from customers by offering early payment discounts or tightening credit terms. 2. Cut Costs Wisely Reducing expenses without compromising the quality of products or services is crucial: Negotiate with suppliers. Talk to your suppliers to get better deals or extended payment terms. Reduce overheads. Look for ways to reduce overhead costs, such as downsizing office space, reducing energy consumption, or transitioning to remote work if feasible. Outsource non-core functions. Consider outsourcing non-essential functions like IT, payroll, or marketing to reduce staffing costs. 3. Diversify Revenue Streams Relying on a single source of revenue can be risky during economic downturns: Expand product/service offerings. Introduce new products or services that complement your existing offerings. Explore new markets. Identify and target new customer segments or geographic areas. Leverage online sales. If not already, establish a strong online presence to reach a broader audience and increase sales. 4. Enhance Customer Relationships Maintaining and strengthening relationships with existing customers can provide stability: Communicate regularly. Keep in touch with customers through email newsletters, social media, and other channels to keep them engaged and informed. Offer value. Provide exceptional customer service and value-added services to retain loyal customers. Seek feedback. Actively seek customer feedback and use it to improve your products and services. 5. Optimize Inventory Management Effective inventory management can free up cash and reduce waste: Just-in-time inventory. Implement just-in-time inventory practices to reduce holding costs and minimize excess stock. Use inventory management software. Leverage technology to keep track of inventory levels and make data-driven decisions. Negotiate with suppliers. Arrange for smaller, more frequent shipments to keep inventory levels low and responsive to demand changes. 6. Invest in Marketing and Branding Cutting back on marketing may seem logical during tough times, but it’s important to stay visible: Utilize cost-effective marketing channels. Focus on digital marketing channels such as social media, email marketing, and content marketing to reach customers cost-effectively. Enhance your brand. Strengthen your brand’s presence and reputation to stand out from competitors. Measure results. Track the effectiveness of your marketing efforts and adjust strategies as needed. 7. Seek Financial Assistance Explore available financial assistance to maintain liquidity: Government grants and loans. Look for government programs offering grants or low-interest loans to small businesses. Line of credit. Establish a line of credit with your bank to provide a financial cushion in times of need. Crowdfunding. Consider crowdfunding platforms to raise capital from a broader community of supporters. And here’s a bonus tip: adapt and innovate. Keep in mind that flexibility and innovation can help small businesses stay relevant by embracing technology. You can implement new technologies to improve efficiency and customer experience. Also, be open to adjusting your business model to meet changing market demands and consumer behavior. What’s more, stay Informed. Keep abreast of industry trends and economic forecasts to make informed decisions. By implementing these strategies, small businesses can better navigate lean economic times, avoid going out of business, and position themselves for future growth. Remember, resilience and adaptability are key to weathering economic storms and coming out stronger on the other

A Lesson from the Luddites Smart Ways to Keep Your Small Business Agile and Adaptable

June 12, 2024 No Comments

A Lesson from the Luddites: Smart Ways to Keep Your Small Business Agile and Adaptable You’ve probably heard of the Luddites – a group of English textile workers who protested against the rise of mechanized weaving looms in the early 19th century. They believed these new machines would lead to widespread unemployment and take away their livelihood. To save their jobs, the Luddites focused on destroying the forthcoming state-of-the-art technology instead of adapting their skills to work alongside it. This inflexible approach ultimately proved futile. But, they didn’t anticipate the long-term benefits of mechanized weaving, such as increased efficiency and lower production costs. These advancements ultimately led to a more competitive textile industry and potentially more jobs in the long run. In other words, the Luddites are a prime example of a small group who failed to recognize the emerging situation and simply weren’t agile or adaptable enough, which ultimately spelled disaster. Why Companies of All Sizes Need to Stay Agile and Adaptable Today, small businesses benefit from staying agile and adaptable because they can respond quickly to market changes, customer needs, and technological advancements. This allows them to outmaneuver larger competitors who may be slower to react due to their size and complex decision-making processes. Being agile and adaptable also enables small businesses to foster a more personal connection with their customers by quickly addressing their needs and concerns. Agility and adaptability are crucial in our incredibly fast-paced business environment, where sudden global events, technological shifts, and changing consumer demands can impact the market. By embracing change and staying flexible, small businesses can maintain a competitive edge, innovate more effectively, and ensure their long-term success. Moreover, small businesses have the advantage of making decisions and implementing changes more quickly than larger organizations. This agility allows them to experiment with new strategies, products, or services, and learn from their successes or failures without significant financial or operational risks. Best Ways to Keep Your Small Business Agile and Adaptable To keep your small business agile and adaptable, you can start by encouraging a culture of adaptability. It’s very important to foster an environment where employees feel comfortable taking risks, experimenting with new ideas, and learning from failures. This can be achieved by rewarding innovation and promoting a growth mindset within your team. Additionally, embracing technology as it improves. Moreover, staying up to date with the latest technological advancements in your industry and being willing to adopt new tools and processes that can improve efficiency and adaptability. While these are fundamental starting places, you can do much more. Your small business can pursue more strategies to keep it on the cutting edge, and up-to-date, and make it agile and adaptable by doing the following: Listen to your customers. Regularly gather feedback from your customers and use it to make informed decisions about your products or services. This will help you stay in tune with their needs and preferences, allowing you to adapt accordingly. Stay agile in your operations. Implement agile methodologies to streamline your business processes and improve collaboration within your team. This will help you respond quickly to changes and make more informed decisions. Foster cross-functional collaboration. Encourage collaboration between different departments and teams within your organization. This will help break down silos and promote a more holistic approach to problem-solving and decision-making. Invest in your employees. Provide opportunities for your employees to develop new skills and expand their knowledge. This will help them adapt to new challenges and contribute to the overall adaptability of your business. Monitor market trends and changes. Keep a close eye on market trends, competitor activity, and changes in your industry. This will help you identify potential opportunities and threats, allowing you to adapt your business strategy accordingly. Embrace change. Be open to change and willing to adjust your business model or strategy as needed. This will help you stay ahead of the competition and maintain your competitive edge. Maintain financial flexibility. Ensure your business has the financial resources to adapt to changing market conditions and seize new opportunities. This may involve diversifying your revenue streams, managing your cash flow effectively, and maintaining a strong credit rating. Also, be sure to communicate openly and honestly. Keep your employees, customers, and stakeholders informed about changes within your business and the reasons behind them. This will help build trust and support for your adaptability efforts. 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,

Managers should Avoid these Phrases to Avoid Killing Employees’ Trust in Their Leadership

May 5, 2022 No Comments

When it comes to the workplace, trust is key. Employees need to trust their managers in order to feel comfortable taking risks and be productive. Managers, in turn, need to trust their employees in order to delegate tasks and give them the freedom to make decisions. Unfortunately, many managers say things that damage this trust relationship. So, let’s discuss five of the most common phrases that managers use that kill employees’ trust. Words can Speak Louder than Actions Managers should avoid the following phrases in order to maintain a trusting relationship with their employees. Trust is essential for a healthy workplace and these phrases can damage that trust relationship. Employees need to feel comfortable coming to their managers with questions and concerns, and they need to know that their manager will be open and transparent with them. The employee-manager relationship is one of the primary components to a strong organizational structure. Employees rely on their managers for career development and guidance on how to improve their skills. One of the elements of a successful employee-manager relationship is trust. When the sense of trust is strong between an employee and manager, it adds efficiency to other elements of workplace productivity. —Houston Chronicle Small Business When managers use these phrases, it sends the opposite message. It makes employees feel unimportant and disregarded. It creates uncertainty and frustration, which leads to a lack of trust on the part of the employees. And that, of course, results in a negative impact on morale, productivity, and overall company culture — three poison pills that can cause actual, long-lasting damage. Five Phrases Managers should Avoid to Avoid Destroying Employee Trust We’ve all heard the age-old wisdom about sticks and stones breaking bones but words never inflicting harm. Of course, this philosophy is entirely contextual because we all vividly remember instances when words cut deep. While these phrases aren’t intended to insult or hurt, they nevertheless undermine your authority, respect, and relatability. So, avoid using the following phrases because they will slowly kill employee’s trust: “I’m the boss, I don’t have to explain my decisions.” This phrase is incredibly damaging to trust. Employees need to feel like they can come to their managers with questions and that their manager will be open and transparent with them. When a manager uses this phrase, it sends the message that the employee is not valued and that their opinion does not matter. It also makes the manager seem like they are hiding something. This can lead to employees feeling uncomfortable coming to their managers with questions or suggestions, which can hurt productivity and morale. “I’m too busy to deal with this right now.” This phrase often comes across as dismissive and unprofessional. It sends the message that the employee’s concerns are not a priority and that their manager is too busy to deal with them. This can make employees feel unimportant and disregarded. It can also lead to them feeling like they are not able to come to their manager with problems or concerns, which can hurt morale and productivity. “I’ll get back to you.” This phrase often comes across as ambiguous and frustrating for employees. Employees want to know what is going on and they want answers from their managers. When a manager says this phrase, it sends the message that the employee is being ignored and that their question is not important. It also creates uncertainty, which can lead to employees feeling anxious and stressed. “I’m not sure, let me check on that.” This phrase is often used as a way to avoid making a decision or taking responsibility. It sends the message that the manager is not capable of making decisions and that they are not in charge. This can make employees feel like they are not being taken seriously and that their concerns are not important. It can also lead to frustration and a lack of trust on the part of the employees. “That’s not my job.” This phrase communicates that the manager does not care about their employees or their job responsibilities. It sends the message that the employee is unimportant and that their job is irrelevant. This can lead to employees feeling unvalued and unmotivated. It can also cause them to feel like they are not able to come to their manager with questions or concerns, which can hurt morale and productivity. Which other phrases would you include in this list? Please take a moment to share your thoughts and experiences so others can benefit from your perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group.