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 Small Business Owners Can Stop Themselves from Rationalizing Bad Decisions

June 16, 2023 No Comments

Running a small business comes with its fair share of challenges, and one of the most critical aspects of success lies in making sound decisions. However, human nature often leads us to rationalize bad decisions, which can have detrimental effects on our companies. As a small business owner, it’s crucial to recognize and overcome this tendency to protect your business’s long-term viability and growth. So, let’s take a few moments to describe some effective strategies that entrepreneurs can use to prevent themselves from rationalizing bad decisions and safeguard their companies. How Small Business Owners Can Stop Themselves from Rationalizing Bad Decisions Okay, every small business owner makes bad decisions from time to time. But some owners are better at recognizing and correcting their mistakes than others. Here are a few tips for small business owners who want to stop themselves from rationalizing bad decisions and start making better ones: Be Aware of Your Biases We all have biases, and they can often lead us to make bad decisions. For example, we may be more likely to trust information that confirms our existing beliefs, or we may be more likely to make decisions that benefit us personally, even if they’re not in the best interests of our business. The first step to overcoming our biases is to be aware of them. Once we know what our biases are, we can start to challenge them and make more objective decisions. Conduct Thorough Research To avoid rationalizing poor decisions, it’s essential to gather as much information as possible before making choices that impact your business. Invest time in conducting thorough research, analyzing market trends, assessing customer needs, and evaluating potential risks. This data-driven approach will provide a solid foundation for decision-making and reduce the likelihood of rationalization based on incomplete or biased information. Get Input from Others Sometimes, the best way to avoid making a bad decision is to get input from others. This could include your employees, your customers, or even your friends and family. When you get input from others, you get a different perspective on the situation, which can help you to make a better decision. Set Clear Decision-Making Criteria Establishing clear decision-making criteria helps in maintaining objectivity and avoiding the temptation to rationalize bad choices. Before making any important decision, define the specific criteria that must be met for it to be considered valid. These criteria could include financial viability, alignment with long-term goals, or alignment with the company’s core values. By adhering to these pre-established criteria, you can prevent rationalization and maintain a strategic focus. Take Your Time Of course, you shouldn’t feel pressured to make a decision right away. Sometimes, the best decision is to wait and see how things develop. If you take your time and make a decision when you’re calm and collected, you’re less likely to make a mistake. Be Willing and Able to Change Your Mind Even if you’ve made a decision, be willing to change your mind if new information comes to light. It’s important to be flexible and adaptable, especially in an ever-changing business world. Let’s face it, most of the time, the biggest obstacle and the most harmful person in your way is typically the face in the mirror. All of us make bad decisions, even when we know better because it’s all too easy to rationalize in the moment. Additionally, it’s a good idea to build a culture of accountability within your business is crucial for preventing rationalization. Encourage your team members to take ownership of their decisions and actions, and create an environment where open and honest feedback is valued. Foster an atmosphere where mistakes are seen as learning opportunities rather than reasons for blame. When individuals feel accountable for their decisions, they are more likely to critically evaluate their choices and avoid rationalization. What other suggestions do you have other business owners can use to stop making rash decisions? Please, go ahead and comment so others can benefit from your input and perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group to learn more about us and the services we offer.

Reasons Why Small Business Loans are Denied

May 24, 2017 No Comments

Small business owners can easily find themselves in the unenviable position of needing capital, but, not having ready access to cash. It presents an age-old problem, buying equipment ties cash up, even though said equipment is considered an asset. Such assets can depreciate, which worsens the situation all the more. On the cash liquidity side, there are tax consequences to having a certain level of retained earnings. This is why debt instruments are a part of doing business. However, even profitable small businesses can be denied for a loan, and, there’s ample evidence to support this phenomenon. In the first two quarters of 2014, about half of applicant businesses received any funds, according to a survey conducted by the Federal Reserve Banks of New York, Atlanta, Cleveland and Philadelphia. Reasons Why Small Business Loans are Denied Unfortunately, present trends don’t show much improvement in the access to capital, or, in reducing operational costs. In fact, since November 2014, three out of ten businesses reported more difficulty in trying to reduce operating expenses, and, one-quarter reported unexpected expenses too hard to plan for, according to a study conducted by Nav (formerly Creditera), a business credit management company. If your company recently applied for business credit and was rejected, you’re not alone. So what can you do if your business credit application is denied? Start by trying to find out why. The Federal Trade Commission suggests submitting a written request for the reasons within 60 days of the denial, and the creditor must give you the specifics in writing within 30 days of the request. Consider discussing any concerns you have with your lender, and you may be able to resolve the issues. —Washington Post Within the same survey, about 20 percent of participant companies considered closing their doors, citing two primary reasons: lack of growth and issues with positive cash flow. These factors are likely why 53 percent of all companies applied for lines of credit or loans over the past half-decade, with more than one-in-four attempting to access capital numerous times. During the same five year period, one-fifth were denied and of those, 45 percent reported being turned down more than once. Twenty-three percent of all those denied loans or lines of credit did not know the reason why their applications were denied. So, why is this happening and what makes it appear so prevalent? There are reasons why small business loans are turned down, and, it’s actually not complicated. Here are some of the most common reasons small business loans are denied: Having no credit or even bad credit. Some business owners do not realize they have two credit scores: their personal credit and their business’ credit. What’s worse, some owners have relied on personal lines of credit and have seriously driven their DTI or debt-to-income ratio into dangerous territory. Making payments on-time, keeping a low balance, and not seeking to continually open new credit lines are all necessary to improve both personal and business credit. Too little collateral. Since most business owners aren’t willing to sign a personal guarantee, leveraging their personal vehicles and home to secure a loan, there’s little to nothing left to pledge as collateral. Lenders aren’t keen and will not provide financing that constitutes an unnecessary risk. Anemic cash flow. After all other expenses are paid, lenders want to see demonstrable proof there’s enough cash to repay the loan. Too tight a margin and banks won’t be willing to approve a business loan. Lack of strategic planning. It’s often true that business owners don’t understand the loan process, including the application itself, and all necessary documentation and that can lead to being turned down. Applicants must provide a clear forecast and show a realistic, actionable plan. Under capitalization on loan applications. There are sometimes more assets available to claim than applicants realize and as a result, their loan application makes the organization appear under capitalized. Some assets aren’t immediately clear, which means all potential assets ought to be identified. Another reason businesses might have trouble securing debt instruments is industry-specific difficulties. For instance, a construction company that’s operating in a locality where people are moving away from, or, a taxi company that’s facing tougher licensing regulations or an industry disruption as we have recently seen with Uber. The best solution in the short term is to reduce your Cost of Goods (labor and materials) to improve Gross Margins and reduce Expense Overhead to increase Net Profits which will help with cash flow and operating capital. Also, negotiating terms with your Receivables and slowing growth will allow for an influx of cash. Where possible, attempt to self fund your growth. If capital is required for growth, pursue alternative lending sources other than banks. There are several available and feel free to contact us if you are in need of alternative lending sources. Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]

Now, It’s Time to Talk about Remote Layoffs and How to Cut Ties the Right Way

March 18, 2022 No Comments

When it comes time to let someone go, the situation can be difficult — especially if that person is remote. You may feel like you need to handle the situation in person, but that’s not always possible. So, let’s discuss how to lay off or terminate a remote worker with professionalism. Read on to learn what you should do and what you should avoid doing so that the process goes as smoothly as possible for everyone involved. Remote Hiring and Work Means Remote Lay Offs and Terminations When it comes to layoffs, there’s a lot of talk about sending people home. But when remote work is factored in, that can mean terminating employees who are located in other states or countries. And suddenly, the logistics of layoffs become a lot more complicated. For employees, losing a job can be a traumatic event. And for a leader, cutting someone from your team comes with its own kind of pain. Still, for any number of reasons, layoffs may be a hard but necessary move. Over the past two years, more and more companies have had to navigate this decision in a newly remote landscape, which can make an already challenging process even more difficult. Handle it poorly and you’re liable not only to upset laid-off employees, but also generate fear and anxiety amongst your remaining workforce. —Inc.com It’s no secret that the way we work is changing. With advances in technology, more and more people are working remotely. And while this can be a great option for employees, it can also present challenges for employers. One of those challenges is layoffs and terminations. When you have employees scattered all over the country (or even the world), it can be difficult to let them go. But with the right planning and execution, it can be done effectively and humanely. How to Dismiss a Remote Employee and Do it Professionally When you’re terminating a remote worker, it’s important to be clear and concise in your communication. You’ll want to avoid giving false hope or being vague about the situation. Be sure to thank the employee for their work up until this point, and let them know that the decision is final. It’s also crucial that you provide a clear timeline for the termination process so that the employee knows what to expect. This will require actual interaction. Do not send the bad news via email (or worse, text). Give him or her the courtesy of being professional by doing the following: Be prepared. This is something you’d definitely do in person. Although you’re not in the same physical location, it’s a good idea to know what you’re going to say. You can even prepare a shortlist of talking points to refer to but don’t create a script to read word for word. Instead, be prepared to speak as you would in normal circumstances, it’s okay to even rehearse so you can stay focused and not be unnecessarily distracted, which would be very discourteous. Set a time. Just like you would if you were letting someone go who works in the office, you should set a time to meet. Be sure to clear your schedule and to have ample time for the interaction. If something comes up unexpectedly beforehand, simply reschedule. If there’s an untimely interruption during your talk, simply dismiss it and deal with it later. Go face-to-face. Sure, you’re not sitting across the desk from someone in a room, but for all intents and purposes, that’s still what happens. Again, don’t deliver the bad news through email, even if you are an elegant writer. Give him or her the professional courtesy that he or she deserves and unless it’s a totally irretrievable situation, do not burn your working bridges. Answer questions candidly. Last but certainly not least, be professional enough to answer any questions and do so honestly unless you really don’t have an answer. In the case of the latter, simply tell him or her the truth but don’t dwell on it and don’t make it into an excuse. What other suggestions do you have for letting a remote employee go? Please take a few minutes to share your thoughts and experiences so others can benefit. Interested in learning more about business? Then just visit Waters Business Consulting Group.