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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During the Coronavirus Quarantine, Communication is Key

April 1, 2020 No Comments

With the massive disruption the coronavirus has foisted on businesses and consumers alike, it’s more important than ever to keep an open line of communication. While many focus on the need for telecommuting or teleworking, they do not highlight on the very vital role of maintaining good relationships with not only customers, but vendors, and peers as well. What the Coronavirus Quarantine Teaches Businesses If COVID-19 teaches businesses large, medium, and small anything, it’s the fact to always expect the unexpected. Or, be prepared for as many contingencies as possible. While you can’t proactively guard against every single scenario, there are situations which your business should be equipped to handle. For instance, natural disasters, criminal activity, and of course, epidemics or as we’re experiencing now, a pandemic. Because nobody can predict what will happen next with the coronavirus, this causes great uncertainty. And this uncertainty has a direct impact on businesses. The only thing they can do is try to prepare for all outcomes. —JD Supra This isn’t by any means easy, but it is necessary to at least have a framework to deal with emergency situations, particularly those that have a long-term impact, such as the one the business world is experiencing right now. If you aren’t prepared, it will have a more disastrous impact on your company than it otherwise would. How to Maintain Business Relationships during a Time of Crisis When catastrophe strikes, it can come in many forms. If you’re business is able to continue operations, even in a very limited capacity, then it’s of utmost importance to keep lines of communication open with everyone. Here are a few helpful suggestions for how to do just that: Reassure employees. Although no one can predict the future, you do need to be upfront and honest about your situation with your team members. While you don’t need to paint a doomsday scenario, you do need to let them know where things stand and what’s likely to happen. Reach out to customers. Many churches around the country are digitally broadcasting their weekly messages. And, some are even taking it a step further by personally phoning every single member. You can do the same with your customers, starting with the most valuable. Give them a call personally, or have employees join you to touch base with everyone. Speak with your vendors. This is basically the same idea. But, here you’re doing two things — giving them a heads-up of where you stand and inquiring as to what they are doing and have planned for the near future. Take some time to reflect. You should also take advantage of any downtime to do a little introspection. Use the opportunity to unplug in a quiet place and think about your next course of action and how you can improve your business. What other suggestions do you have? Please comment to let everyone know about your thoughts and experiences! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Want to Grow Your One-Man Show into Big Business? Then Follow George Washington’s Example

May 22, 2025 No Comments

In 1775, the Continentals were planning to exit royal crown rule, but needed a leader.

Want to Make Your Business More Successful? Start by Helping Others

September 21, 2017 No Comments

There are a number of things you can stop doing to benefit your business. But, there are also plenty of things you should do to be more successful. Hurricane Harvey and Hurricane Irma clearly show there’s always a need to help your fellow citizens. Although Hurricane Harvey and Hurricane Irma are now gone, their impact remains. And, that presents a great opportunity for you personally, as well as your company. The Numbers Prove Helping Others is Good for Business It doesn’t have to be a natural disaster, either. You can help others in several different ways. For instance, taking a new entrepreneur under your wing is just one. Volunteering your time to speak to others who are starting up or creating a new venture is another. Even donating your time to a local charitable organization is a way to grow personally and help your business in the process. Plus, statistics show this is the case. Mentored businesses increase their revenue by 83 percent, compared to 16 percent for non-mentored counterparts. Moreover, 83 percent of mentored businesses survived, compared to 74 percent of non-mentored companies. When you decided to become an entrepreneur, what reasons motivated that decision? For some people it is the opportunity to make a lot of money, the freedom to live by their own convictions, or to live a certain lifestyle. While these are great personal goals, too much focus on these things can lead you down the wrong path. —Inc.com The thing is, you need real face time with real people. Put technology aside and showcase your own strengths. If you have a skill set that’s not particularly useful for your company, put it to work elsewhere. And, do so with an open heart. Because if you approach it purely as a business opportunity, people will take notice. Why Helping Others is Good for Business When you go into business for yourself, it’s not all about you. While you might start a company to be more independent, you’re still serving the needs of others. And, that’s a good thing because it does offer some real advantages. Here are a few great reasons why helping others is good for business: You make more meaningful connections. When you help others out, you immediately tell people it’s not all about you. That means you are more genuine and therefore, someone who is interested in others. Such unselfish behavior inherently means you’ll make more meaningful connections. You have greater appeal to quality clients. It’s true that when you help other people, you’ll gain better personal qualities. Those are apparent to others and that’s a wonderful stepping stone to find quality customers. You provide real benefit to the community. Not only do you feel personally rewarded for helping others, you also provide benefit to the community around you. So, people within the community will definitely take notice and that’s another advantage. You inspire others to get involved and improve. Giving your time sets an example others will follow. Which makes you a leader and that’s a great attribute. You’ll be regarded as a leader and someone who gives back to the community at-large. How do you help others? What have you done to serve other people that’s benefited your business? Please share your thoughts and experiences by leaving a comment! Interested in learning more about business? Then just visit Waters Business Consulting Group. [shareaholic app=”follow_buttons” id=”26833294″]