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.

Like this article?

Is Your Business Charging Enough for its Products and Services? Probably Not. Here’s Why…

September 30, 2021 No Comments

“Sure, we lose money on every sale, but we make up for it on volume.” This witty saying is often repeated in the business world because it effectively demonstrates a fundamental flaw with a company’s operating model. But, like any really good bit of humor, it contains an undeniable truth. Plus, it is probably applicable to your own business in an abstract way. If you have ever wrestled with raising the prices you charge for your business’ goods and services, then now is a great time to resolve that issue. Why Businesses Don’t Raise their Prices Although large corporations and big companies do raise their prices fairly routinely, small business owners are averse to doing the same. It’s not because small business owners aren’t smart operators, it’s merely the fear of the possible repercussions. Perhaps the biggest objection is that maintaining lower prices attracts new customers and greatly influences repeat business. While this might be ostensibly true, it can’t exist in perpetuity. A major part of running a successful business is knowing at what price to value your services or products. Entrepreneurs and business owners must ensure a balance in price between costs and gains. While low prices are certainly an attractive selling point, a variety of factors can bring pressure to bear on your bottom line, necessitating a higher charge for your services. —Forbes.com Another reason small businesses don’t raise their prices is that they’ve become so accustomed to their charging schedule. Though it sounds like a cop-out, it’s just the comfort of complacency that allows them to dismiss the notion of increasing their prices. Then, there are the logistical factors that come into play, which is particularly true in retail, where items must be individually updated, along with point of sale systems. Three Compelling Reasons Businesses should Charge More Even though most small business owners would gladly welcome a pay bump in their bottom line, they avoid increasing what they charge because they fear it will result in a loss of customers. However, this only looks at one side of the equation. Here are three compelling reasons why businesses should charge more for their products and services: There model is outdated. It’s a real accomplishment to stay in business for years on end. Everyone knows the statistics, that a high percentage of businesses fail in the first two to three years. But thereafter, they become not only viable but probably profitable enough to sustain a few sets of disruptive circumstances. Since business owners always experience ups and downs, they find a great deal of unconscious comfort in their pricing models that they established at the outset. But, as years go by, prices should go up incrementally to keep up with the times. There’s a lack of other service providers. The very fact that so many businesses fail, compounded by the shutdowns resulting from the global pandemic, means there are likely fewer service providers around right now. This represents a prime opportunity to market more aggressively, raise your prices, and build out quality staff. If you don’t, you’re missing a key moment that you’ll probably regret in the future. The cost of doing business just keeps rising. Of course, everything costs more now than it did just a short time ago. It’s not just the shortage of materials that the world is currently experiencing, but also other dynamics, such as inflation, the always rising costs of employee benefits, insurance, rent, and just about everything else associated with the cost of doing business is going up. What other reasons warrant raising prices? Please take a few minutes to 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.

Startup Financing Tips You Can Use

November 14, 2017 No Comments

Startup financing is something that’s necessary but not always a welcome prospect. In fact, financing is typically one of the most difficult factors in any venture. It’s because raising money or applying for a loan is an unnerving process. After all, you don’t know what you don’t know. And, it’s that very ignorance which creates even more stress. But, with the right preparation, you can find the right startup financing. Startup Financing Sources Right now, there are good and bad signs in the economy. While tech companies are booming, retail chains are down. Of course, this is the natural cycle of the business world. So, don’t let headlines ruin your business dreams. Instead, focus on possible startup financing sources. Take a good look at what you really need first. If possible, bootstrap it incrementally. In other words, start off as a side gig. …for an entrepreneur starting out, it can be hard to sort through the many funding options available to determine which are most lucrative. While it would be ideal to line a roomful of investors out and let them fight it out for the honor of funding your business, that is often, unfortunately, not the reality. —Forbes.com If you don’t jump into full-time, you can grow it slowly. That means very little startup capital, as well as time. But, if you need to go another route, consider going through the small business administration. Or, take out a small personal loan. Obviously, if you have the cash, use it. Startup Financing Tips You can Use The problem many entrepreneurs encounter with startup financing, is taking a cavalier, shotgun approach. Put another way, they go after funding without a serious plan. And, that’s a recipe for disaster. Just trying to wing it will only invite chaos and confusion. So, here are some helpful startup financing tips you can use: Create a detailed business plan. Speak with an experienced business consultant about drafting a detailed business plan. This will reveal many things you might easily miss. Plus, it’s typically a commercial loan requirement. You need a clear roadmap and demonstrate your ability to monetize your idea. Seek advice from established businesses. Chances are excellent there are already people doing what you want. So, don’t let that be an intimidation or just look at them as the dreaded competition. Instead, seek out their advice and learn. Keep an eye on your personal credit score. If you do apply for a loan, your personal credit file will certainly be a big factor. Order your three credit files from Annual Credit Report.com. Then, go through each carefully to review for errors. Dispute inaccuracies and raise your credit score. Develop a good network with the right people. Networking is an invaluable resource. In fact, you’ll learn quite a lot from others. And, since that knowledge is readily available, there’s no reason not to tap into it. Outline a realistic budget and shop for financing. Finally, set a realistic budget and then shop for funding. Comparison shop and take your time. You’ll come out much better if you do and be thankful for your patience. What other startup financing options can you add to the list? Have you found or know more creative ways to get startup financing? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

How to Set Performance Baselines for Quarterly Employee Evaluations for the Year Ahead

January 3, 2024 No Comments

How to Set Performance Baselines for Quarterly Employee Evaluations for the Year Ahead We all know the drill: the calendar year flips, dreams are dreamt, and then you’re face-to-face with the annual performance review behemoth. And while quarterly check-ins might feel like another item on the ever-growing to-do list, they’re actually your secret weapon for keeping everyone – you and your team – motivated, on track, and slaying those business goals. But the key to making these quarterly chats sing? Setting clear, impactful baselines that guide the way. Setting Realistic Expectations but With Confidence Let’s ditch the dry performance review templates and talk real – real goals, real progress, and real conversations that ignite your team’s potential. Buckle up, friends, because we’re diving deep into the world of crafting practical and persuasive baselines for your quarterly employee evaluations, all with a healthy dose of small business swagger. Now, let’s get into the nitty gritty and go step-by-step on how to set performance baselines for quarterly employee evaluations: Step 1: Big Picture Vision, Microscopic Focus Before we zoom in on individual roles, let’s paint the bigger picture. Where do you see your business soaring this year? Define your key company goals, the ones that make your entrepreneurial heart skip a beat. Think of increased revenue, expanded product lines, or dominating that local market share. Get specific, dream big, and write these down – they’ll be your North Star throughout the year. Step 2: Deconstructing Dreams into Doable Deeds Now, let’s break down those dreamy company goals into bite-sized chunks for each quarter. Think of them as the stepping stones on your path to success. What measurable milestones need to be reached each quarter for your vision to unfold? And, as always, be SMART about it – Specific, Measurable, Achievable, Relevant, and Time-bound. Don’t overwhelm your team with a Mount Everest of tasks; focus on the key metrics that drive progress. Step 3: Mapping Personal Paths to Collective Triumph Here’s where the magic happens! Align individual roles with those quarterly company goals. What specific contributions can each team member make to hit those milestones? Tailor these individual baselines to each role’s strengths and responsibilities. Think sales targets for your star hustler, conversion rate improvements for your marketing whiz, and customer satisfaction benchmarks for your service champion. Remember, these baselines should be challenging yet achievable, sparking that “I got this!” feeling in your team. Step 4: Metrics that Matter (and Don’t) Numbers talk, but not all those figures sing. Choose metrics that truly reflect individual and collective progress toward your goals. Sales figures are great, but what about customer retention rates or lead generation efforts? Don’t get bogged down in vanity metrics that look good on paper but don’t tell the whole story. Focus on the data that drives actual impact and motivates your team to go the extra mile. Step 5: Communication is King (or Queen, or Both!) Open and honest communication is the engine that fuels high-performing teams. Share your company goals and individual baselines with your team in a clear, transparent way. Get them involved in the process, gather their feedback, and make sure everyone feels like they’re rowing in the same direction. Remember, these baselines aren’t meant to be shackles, but stepping stones – a roadmap for collaborative success. Step 6: Check-Ins, Tweaks, and Cheers! Quarterly reviews aren’t just about checking boxes; they’re opportunities for growth, celebration, and course correction. Use these check-ins to gauge progress, adjust baselines if needed, and offer actionable feedback that empowers your team to reach their full potential. And don’t forget the high fives and virtual confetti showers! Recognizing achievements motivates continued excellence and keeps the fire burning bright. How It All Wraps Up Setting quarterly baselines takes effort, yes, but the rewards are immense. You’ll see increased employee engagement, boosted morale, and a laser-sharp focus on achieving your shared vision. So, ditch the performance review dread and embrace these baselines as the springboard to your small business success story. Remember, you’ve got this – and your awesome team by your side! 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? Let’s solve your biggest challenge – right now! We invite you to a FREE 30-minute consulting session where you can describe your biggest business challenge and we will then gladly share our 150 years of combined business experience solving that challenge. We have worked with hundreds of clients with challenges just like yours. Call us for your free appointment at 602-435-5474, or, if you prefer, send us an email. You can also visit us at Waters Business Consulting Group to learn more about us and the services we offer.