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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If an Employee Right to Disconnect Law Came to the United States, Would Your Business Be Prepared?

March 15, 2024 No Comments

If an Employee Right to Disconnect Law Came to the United States, Would Your Business Be Prepared? Today’s fast-paced, technology-driven world allows everyone to be constantly connected. While this offers a lot of convenience and greatly bolsters collaboration, it does contribute to disappearing boundaries between work and play. In other words, employers can reach their employees, even when said employees aren’t on the company clock. Enter the concept of an Employee Right to Disconnect Law – a movement that is gaining considerable traction. Right now, it’s mostly in Europe. But what would happen if such a law were to come to the United States? Would your business be prepared for the changes it would bring? Let’s explore the possible implications and how you can ensure that your business is ready. Understanding the Employee Right to Disconnect The Employee Right to Disconnect is a legal concept that aims to protect employees from being obligated to respond to work-related communications outside of their regular working hours. It allows employees to truly disconnect from work and enjoy their personal time without the fear of repercussions. In recent years, several countries have introduced employee right to disconnect laws to address the growing issue of work-life balance in an increasingly connected world. Again, these laws aim to protect employees from being contacted outside of working hours and to ensure that they have the right to disconnect from work-related communication. Currently, France, Portugal, and Australia have an employee right to disconnect law, while Spain, Ireland, Germany, and Italy are considering adopting such a measure. Although there is no federal law in the United States currently in place that guarantees the right to disconnect, some states, such as New York and California, have introduced bills to protect employees from being contacted outside of working hours. So, it’s at least something to be aware of and begin to tentatively plan for. Implications for Businesses If an Employee Right to Disconnect Law were to be implemented in the US, businesses would necessarily need to adapt their policies and practices to comply with the new regulations. This could mean setting clear boundaries for when employees are expected to be available and ensuring that work-related communications are not sent during non-working hours. Is Your Business Prepared? To determine if your business is prepared for an Employee Right to Disconnect Law, ask yourself the following questions: Do we have clear policies in place regarding work-related communications outside of working hours? Are managers and employees trained on the importance of disconnecting from work to maintain a healthy work-life balance? Have we implemented technology solutions that can help limit after-hours work communication? Ensuring Compliance To ensure that your business is ready for an Employee Right to Disconnect Law, consider implementing the following strategies: Establish clear guidelines for work-related communication outside of regular working hours. Provide training to managers and employees on the importance of disconnecting from work. Utilize technology tools that can help automate processes and limit after-hours communication. This means you should be at least tentatively preparing your business for a potential Employee Right to Disconnect Law. By taking proactive steps to establish clear policies and promote a healthy work-life balance, you can ensure that your business is ready for any regulatory changes that may come its way. 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 602-435-5474, 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.

Smartest Ways to Refresh Your Business Brand for the New Year

November 28, 2024 No Comments

The start of a new year brings a sense of renewal and opportunity—a perfect time to breathe fresh life into your business brand. Whether you’re looking to attract new customers, better connect with your audience, or outshine competitors, a brand refresh can be the key to staying relevant and impactful in an ever-changing market.

Top 5 Entrepreneurship Myths You Probably Believe but Shouldn’t

March 12, 2018 No Comments

Entrepreneurship myths are everywhere. They populate the minds of anyone who dreams of striking out on their own. Heck, even successful entrepreneurs believe some of them. (At least at some point in their journey.) The reason entrepreneurial myths are so widely believed is because they involve risk. And, everyone is risk-averse (to one degree or another). Therefore, these misconceptions live on and keep good people from following their passions. But, you don’t have to believe them. Two Common Entrepreneurship Myths Let’s start with two common entrepreneurship myths; then, we’ll get on to the big three. First is the old nagging feeling that money is the single biggest obstacle. Nonsense. You can start a business in about 10 minutes using social media and a little imagination. Now, you’ve got to know how to use social media to effectively promote your business. But, the point is, you can find a ton of free and really cheap ways to get things going in a short amount of time. As people are trying to navigate away from the “corporate jungle” towards the land of supposed “entrepreneurial utopia,” a lot of misconceptions arise. Perhaps this has to do with the media, advice they have received or what is heard through the grapevine but often these insights can derail a person from taking the plunge in the startup world. Or cause them to jump on the entrepreneurial bandwagon, when they have no business doing so. —Entrepreneur.com Another common entrepreneurial myth is that making more money is the best motivation. This simply isn’t true. And, it’s actually somewhat dangerous. If you’re only motivated by money, your heart and mind are in the wrong place. Of course, there’s nothing wrong with earning a better living but it’s foundation can’t be greed. 3 Biggest Entrepreneurship Myths The fact of the matter is money isn’t an obstacle and it’s a bad motivator. But, this isn’t the only challenge people let get in their way of realizing their dreams. Now, let’s get into the three biggest entrepreneurship myths people believe: The more customers, the better. At the bottom of the top three is the notion that more customers means more success. Which in turn means, the better. Two words about that: Not. True. Quality will always trump quality. What’s more, it’s a risky situation — especially early on. You’ll spread yourself too thin and that will only hurt you in the long run. Focus on the ones who make it a pleasure and let go of those who waste your time or have unrealistic expectations. You need an inherent entrepreneur trait. Some people actually subscribe to the notion there are “born entrepreneurs.” Of course, there are individuals who have a knack for it but that doesn’t mean everyone else is shut out. It just takes work, self-confidence, and most of all, persistence. Those who go forward and don’t give up have a much higher success rate than those who don’t. It just takes one great idea to make it work. Now, we’re at the biggest of all entrepreneurial myths. And, that’s believing you only need one great idea. While this is a key element, it won’t work as a magic bullet. Lots of people have great ideas. The trick is to define it and market it effectively by testing the market and remaining persistent with discipline and consistency when things get difficult. What other entrepreneur myths do you think people believe? What suggestions do you have to get past them? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.