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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Can Hanlon’s Razor Help Your Business Cut to the Core or Nick the Quick?

December 12, 2024 No Comments

There’s certainly no shortage of tricks to use to get at the heart of a matter, Occam’s razor being one of the most famous, it’s a principle that states the simplest explanation tends to be the right one.

Ways to Build Strategic Partnerships

May 16, 2017 No Comments

There are many ways to build a business, and few are as powerful as establishing strategic partnerships. Ideally, these create win-win scenarios where both parties benefit. The problem with such relationships is they can become more of a burden than a help, particularly when rushed, or, when done with disregard for others. Savvy business owners know the benefit of strategic partnerships, forging an alliance with another entity to provide more products and services to their customers. In fact, a 2014 survey conducted by PricewaterhouseCoopers revealed that in excess of 80 percent of CEO’s looked to create such relationships. However, the sad fact about these partnerships is that a 65 percent were actually successful, so, 15 percent of those did not work out. Ways to Build Strategic Partnerships Strategic partnerships are generally sought in order to expand without the cost of an actual expansion. It allows entrepreneurs to tap into resources with existing structures and increase their books of business. Unfortunately, empirical data shows that half of these business relationships fail. The reasons are many, but it can be avoided if you take the necessary precautions. The formula for a successful strategic partnership may seem easy: 1 + 1 = 3. Indeed, partnerships are a proven way to boost the bottom line. American Express surveyed small businesses in government contracting and found that those who teamed up won 54 percent more prime contracts than average. But creating effective alliances is not always so easy. Partnerships gone wrong can lead to frustration, financial losses and even litigation. —Success.com Of course, no amount of caution or preparation guarantees things will work out without a hitch. Small businesses can really benefit from strategic partnerships, but to do so, you have to establish a good rapport and be transparent as to your wants, needs, as well as expectations. Here are some ways to build strategic partnerships that will help your company grow while benefiting your business partner: Know and quantify your abilities and resources. One of the worst decisions to make is to form a strategic partnership without being able to fulfill your obligations. You certainly don’t want to crack egg all over your face. So, don’t put yourself in such a position and know precisely what you can bring to the table and be upfront about it. Even if you can patch together enough to deliver when necessary, you don’t want the stress that comes with this kind of a situation. Be very clear on your “why.” Another huge, colossal mistake, that business owners make is forming partnerships simply to increase their bottom lines. While that is definitely part of the equation, if you don’t go into a relationship with selfish service in-mind, you’re setting yourself up for big time disappointment. Ask yourself honestly why you want to form a business relationship. If you can’t find an answer other than money, you’re eventually going to sabotage your own efforts. Ask for reasons why potential partners want to connect.What’s true for you is just as true for potential partners. Don’t be afraid to ask penetrating questions to get at the truth. If you discover he or she is on a one-way self-serving mission, you definitely need to pass. Seek those with a shared vision and value system. Take it a step further than just asking questions and get to know him or her before you partner. Build a relationship and during that time, you’ll learn their vision and values. Go slow, learn, and take the time necessary to make the right decision. In addition to these, don’t expect miracles to happen after you form a strategic partnership. In fact, you ought to expect to be uncomfortable from time-to-time by getting out and meeting with your strategic partners face to face. There’s just no way to hedge against every possible contingency, but fostering and developing positive relationships will build trust and eventual business between the strategic partners. Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]

How Small Businesses can Prepare for Employee Maternity Leave

September 15, 2022 No Comments

One of your best employees just came in with some exciting news – she’s pregnant and it’s her first! Everyone congratulates her and during the excitement, you begin to realize that this is going to affect your business in a profound way. Panic begins to set in as you think about all the help you’re losing – at least for the short term. Fortunately, it doesn’t have to be so nerve-racking. You can create a reliable plan of action to deal with this momentous occasion. How Small Businesses can Prepare for Employee Paternity Leave, Too Of course, the same could be true for a new father. Your right-hand guy will be out for an extended period of time. Although this is a wonderful occasion, it leaves you feeling quite anxious. After all, this is one of your go-to people and definitely among your top performers. So, where do small firms commonly go wrong when it comes to managing maternity? ‘Some delay unnecessarily, rather than starting to plan and act as soon as they’re told about the pregnancy,’ Cecily Lalloo, an HR expert, replies. ‘This can mean you end up recruiting the wrong person, meaning you’ll have to repeat the process, which wastes time and money.’ —The Guardian Small Business While he’s away with his wife and new baby, all of his work will still have to get done somehow. Even more worrisome, is how you’ll fill that gap, regardless of the amount of time. It’s enough to make anyone feel quite unsettled because this type of news generally comes out of the blue and you’re unprepared for it. However, if you follow the suggestions below, you’ll be able to get through it as smoothly as possible. How Small Businesses can Prepare for Employee Maternity Leave When you’re faced with a maternity leave situation or any type of parental leave, you’ll obviously need a plan to follow. Here are some steps that you can take when this type of situation arises: Create or review your maternity leave policy. If you already have a maternity leave policy, then great, simply review it to ensure that it is up to date and that it will work for your business in its current state of affairs. But, if you don’t have a maternity leave policy, you can create one and customize it to fit your needs. Speak with the mom-to-be one-on-one. The next thing you need to do is to speak with your employee about her plans. Don’t be afraid to ask specific questions, or inquire about her plans to return or leave her position. It’s far better to know than guess, leading to unnecessary confusion and worry. Have her document all her projects and tasks. Regardless if she’s coming back to her position or you need to hire someone else, you’ll need to know exactly what projects and tasks she’s currently working on. Either way, you’ll need somebody to come alongside her in order to be familiarized with her responsibilities so that person can assume her role. Assign one or more backups. If you don’t have someone already on your team who can take over, consider spreading her work among a few people. However, if this isn’t feasible, you should consider bringing in a temporary person. Create or review your transition plan. Lastly, you’ll need to develop a transition plan for her return if she is coming back. This will allow her to ease back into the swing of things without being overwhelmed. What other suggestions do you have for preparing for an employee’s maternity leave? Please take a few minutes 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.