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 Businesses can Deal with Inventory Supply Shortages

May 27, 2021 No Comments

Inventory supply shortages will happen. Sometimes, it’s due to overwhelming consumer demand, leaving businesses unable to keep stock. Other times, like now, inventory supply shortages occur as a result of material shortages and/or manufacturing issues. At this time, lumber and other essential construction materials are in short supply. Likewise, computer processing chips are also limited in supply. So, if this happens to your business, you need to be prepared. Inventory Shortages are Inevitable There’s no such thing as unlimited supply when it comes to material inventory. Whether it’s a disruption in the supply chain or sudden and unexpected limit of raw materials, the end result is the same — businesses can’t keep their shelves stocked. When put in this precarious situation, sales are inevitably affected, usually negatively. COVID-19 has had a disruptive effect on the global supply chain, and small businesses are not immune. An average of more than 30% of American small business owners across sectors still reported a disruption to their supply chain in June 2020 data, months into the pandemic. Supply-chain disruptions can affect small businesses in many ways: They can reduce revenue, inflate costs, cut into market share, or cause issues with production—all of which can damage a company’s bottom line. —The Balance Small Business Of course, a drop off in sales can be temporary and inflict minimal damage. But, a prolonged shortage will certainly cause a lot of monetary damage. If there’s enough inventory missing for a long enough period of time, it can spell the end of a business altogether. Ways Businesses can Deal with Inventory Supply Shortages When inventory supply shortages occur, it’s only prudent to react with strategic means. Business owners must act immediately, particularly if there’s a sense the shortage will go on for a lengthy period of time. Here are four ways businesses can deal with an inventory supply shortage: Explore alternative vendors. Fortunately, there are usually a few or more vendors who supply businesses with the same types of inventory. Even a source that’s a bit more expensive can be worthwhile if it keeps customers coming through the door. (And, better still, if competitors aren’t willing to pay a higher sourcing price.) Clearly communicate with customers. There’s simply nothing good that can come from not being totally up-front with your customers. In fact, there’s hardly more that is counterproductive. If you experience an inventory supply shortage, let your customers know what’s going on — especially if it’s expected to last for a significant amount of time. Tap into super-sized, large bulk orders. Much like the first suggestion, you might find inventory for products in short supply in larger bulk orders. Obviously, you’ll have to run the numbers to determine if it’s financially viable and doesn’t present too much a risk. Identify problems with inventory management. There are times when businesses have inventory issues that are caused by their own ordering and selling practices. Go over your procedures to identify any problems and then apply sensible solutions. What other suggestions do you have? Please take a few moments to share your thoughts and experiences so others can benefit from your unique perspective! Your input could really help someone out! Interested in learning more about business? Then just visit Waters Business Consulting Group.

What Small Business Owners Need to Know about Instituting Employee PTO

September 1, 2023 No Comments

Providing Paid Time Off (PTO) is a critical component of a comprehensive employee benefits package. For small business owners, understanding the nuances of PTO can be crucial for both employee satisfaction and business success. In the following article, we will explore the pros and cons of offering PTO to your team members, helping you make informed decisions that balance employee well-being and operational efficiency. The Pros and Cons of Small Businesses Offering Paid Time Off As you already know, Paid Time Off (PTO) is a benefit that allows employees to take time away from work without losing pay. It can be used for vacation, sick leave, or other personal reasons. While there is no federal law requiring small businesses to offer PTO, many states do have their own laws. For example, California requires employers to provide at least 10 days of paid vacation per year after an employee has been with the company for one year. So, be sure to look into the specific laws in your area in order to be legally compliant. Pros of Offering PTO When small business owners first consider instituting a Paid Time Off program, they of course think about the cost. But entrepreneurs should also equally consider the enjoyment current employees will experience, and the appeal it will have for future hires. Such a benefit has other positives, too, including the following: Employee well-being. Offering PTO demonstrates your commitment to your employees’ work-life balance and overall well-being. PTO also helps reduce stress levels for employees. When employees are able to take time away from work to relax and recharge, they are better able to cope with the demands of their jobs. Enhanced morale. PTO boosts employee morale and job satisfaction, leading to higher levels of motivation and productivity. When employees feel like they are valued and have the opportunity to take time off, they are more likely to be happy and engaged in their work. Attracting talent. A robust PTO policy can attract top talent, showcasing your business as one that values its employees’ time and efforts. In fact, a survey by Glassdoor found that 72% of employees would be more likely to accept a job offer if it included PTO. Reduced burnout. Regular breaks contribute to reduced burnout, increasing employee engagement and long-term retention. This in turn, also reduces employee turnover, which is yet another huge benefit, especially in terms of continuity. Flexibility. PTO provides employees with flexibility to address personal matters, reducing stress and absenteeism. It also provides them with a sense of freedom and less apprehension about having to ask for time off that is not compensated. Plus, Paid Time Off will help to boost creativity and innovation. When employees are able to take time away from their work, they can come back with fresh ideas and perspectives. Cons of Offering PTO Okay, there’s just no getting around the fact that with any change, even an ostensibly positive one, it will come with at least a few downsides. With this in mind, here are the most common disadvantages small businesses experience when introducing such an employee benefit: Operational impact. PTO can disrupt daily operations, especially if multiple employees are on leave simultaneously. That means it’s best to coordinate ahead of time in order to avoid such inconveniences. Financial considerations. Paid time off requires budgeting for wages during employee absences, potentially affecting cash flow. Be sure to have this worked out before making an announcement to your team. Workload redistribution. When employees are on PTO, their tasks may need to be redistributed, causing potential strain on remaining team members. Potential abuse. Some employees might abuse PTO, leading to reduced team productivity and resentment. Yet another downside is a lack of coverage. In a small team, the absence of a key employee on PTO might result in a lack of expertise or coverage. Additionally, if too many employees are taking time off at the same time, it can be difficult to keep the business running smoothly. Tips for Effectively Implementing PTO Policies The decision of whether or not to offer PTO is a complex one. There are many factors to consider, such as your budget, the needs of your employees, and the laws of your state. If you are considering offering PTO, here are a few more things to keep in mind: Clear guidelines. Develop clear PTO policies, outlining accrual rates, approval procedures, and blackout periods. Advance notice. Encourage employees to provide advance notice for PTO requests to facilitate operational planning. Fair allocation. Ensure PTO is allocated fairly, preventing any perception of favoritism or inequality. Seasonal considerations. Plan for peak seasons when PTO might be challenging to accommodate without affecting business operations. Encourage balance. Promote the use of PTO to maintain a healthy work-life balance among employees. Of course, communication is also important. Clearly communicate your PTO policies, including how to request time off and the expected response time. Offering Paid Time Off is a critical consideration for small business owners, with far-reaching impacts on both employees and operations. The benefits of PTO, including improved morale, productivity, and employee well-being, can offset the challenges of operational disruptions and budgeting. By thoughtfully designing and implementing PTO policies, small business owners can create a positive work environment that attracts and retains top talent, promotes employee satisfaction, and contributes to the overall success and growth of the business. Interested in learning more about business? Then just visit Waters Business Consulting Group to learn more about us and the services we offer.

How to Better Keep Track of Small Business Expenses in the New Year

January 21, 2021 No Comments

Keeping track of small business expenses is no easy task. In fact, it’s one of the least liked chores or responsibilities that come with running a business of any size. And, it’s little wonder why. After all, these various costs range greatly in amount and frequency, making them very difficult to keep straight. Plus, when more than one person is spending money on such expenses, it complicates the matter even more. Fortunately, there are ways to keep better track of your small business expenses. Business Expenses vs Personal Expenses According to the IRS, a business expense is something “ordinary and necessary” – expenses that are commonplace in your trade or profession and which are helpful for your business. While that’s a very broad definition, most people understand in order to qualify, expenses have to directly relate to the operation of a business. (Of course, there are instances where it’s necessary to rely on the advice of an experienced accountant and/or tax professional to determine which expenses are and which aren’t “ordinary and necessary.”) Handling business finances is often one of the least favorite parts of running a small business. Having a firm grasp on your cash flow, knowing what’s tax deductible and what’s not, understanding what you spent each quarter; it all translates into a more positive and less stressful experience at tax time. You might be dreading that expense tracking is going to be a thorn in your side. But with knowledge comes power. Understanding how to properly track expenses will help ease the pain. —Inc.com Obviously, personal use disqualifies purchases from being classified as business expenses. Unfortunately, some businesses take the risk of trying to write off expenses that don’t truly qualify. And, it’s a big risk because it could very well cost a lot more in the end than it’s worth in the short-term. So, it’s critical to keep track of those genuine business expenses. How to Better Keep Track of Small Business Expenses In order to better keep track of small business expenses, you’ve got to get into certain habits and use the right tools. Here are three ways to keep track of your business expenses in the new year: Use only corporate accounts. This is one of the easiest ways to keep track of your business’ expenses. Use only business credit cards or debit cards and you’ll have all those transactions in one place for quick reference. What’s more, it makes accounting for all your purchases a lot less complicated and simpler to find when needed. Run cloud accounting software. Approximately 9 out of 10 small businesses already use some form of cloud accounting software. While that’s a great way to help keep track of expenses, if it isn’t used properly, it won’t be an effective tool. Get in the habit of going over the program on a regular basis so you’re familiar with how it works. This way, when you need to pinpoint something, it won’t be a big deal. Store all your business receipts. Here’s where too many businesses go wrong — they don’t store all their expense receipts in an orderly manner. Remember, not all your transactions will have a digital trail, so it’s very important to keep paper receipts. Recently, I asked my accountant for some app solutions he would recommend for one of our clients, and is his recommendation; If you want basic functionality you can use Scan Manager build right into QuickBooks Desktop versions. In QuickBooks online there is a new “receipts” application located from the “banking” menu choice. You can scan/upload anything and link it to a job/invoice/bill, etc. The online version supports smart phone uploads. For something more sophisticated, Expensify is popular. It has good functionality to support field staff and ties into QuickBooks well. It is relatively inexpensive at $5.00 per remote user per month, plus $ 9.00 per month for admin users. You can get more details from the app menus. What other suggestions do you have to help keep track of business expenses? Please share your thoughts and experiences; your comments could help others better run their businesses! Interested in learning more about business? Then just visit Waters Business Consulting Group.