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?

Custer’s Last Stand, the Dade Massacre, and Your Business

January 10, 2025 No Comments

Small business owners often wear many hats, juggling the roles of visionary, manager, marketer, and more. While confidence is a crucial trait for any entrepreneur, unchecked arrogance and overconfidence can lead to a series of missteps that can threaten the very survival of a business.

What Is Influencer Marketing and How Can It Help Small Businesses on Small Budgets

March 1, 2024 No Comments

What Is Influencer Marketing and How Can It Help Small Businesses on Small Budgets? Influencer marketing has become an essential part of the marketing landscape in recent years. It’s a powerful marketing approach that allows businesses to reach their target audience in a uniquely authentic way. So, read on and we’ll take a few moments to explore what influencer marketing is and how it can help small businesses on small budgets. What Is Influencer Marketing? Influencer marketing is a form of marketing where brands partner with influential individuals to promote their products or services. Most of the time, these influencers have a significant following on social media platforms and can help businesses reach their target audience more effectively. However, influencers aren’t just found among such individuals – they are also everyday people. Influencer marketing can take many forms, from sponsored posts to product reviews and giveaways. The key to successful influencer marketing is to find the right influencers for your brand and to build a relationship with them. In other words, someone who is a respected member of your community and someone who others trust. So, just about anyone with a good reputation who is also outgoing. For instance, volunteer coaches for kids’ sports leagues, parishioners in a church, individuals who perform residential services, and so on. You likely know one or two, perhaps three or more people who fit this description. They’re well-liked, trustworthy, and have a good rapport with others. How Can Influencer Marketing Help Small Businesses on Small Budgets? Influencer marketing may sound super-expensive, but it can also be an affordable and effective way for small businesses to reach their target audience. You just have to know what you’re looking for and how to go about it smartly. So, here are some ways that influencer marketing can help small businesses on small budgets: Reach a targeted audience. By partnering with influencers who have a following in your niche, you can reach a highly targeted audience. This can be more effective than traditional advertising methods, which can be expensive and may not reach your target audience. Build brand awareness. Influencer marketing can help you build brand awareness by getting your products or services in front of a new audience. This can be especially helpful for small businesses that are just starting out and need to build a following. Boost credibility. When an influencer promotes your product or service, it can help to boost your credibility. This is because their followers trust their recommendations and are more likely to try your product or service if they see that the influencer has endorsed it. Cost-effective. Influencer marketing can be a cost-effective way to reach your target audience. Many influencers are willing to work with small businesses on small budgets, and the return on investment can be significant. Overall, influencer marketing is a powerful tool that can help small businesses on small budgets reach their target audience, build brand awareness, and boost credibility. By partnering with the right influencers and building a relationship with them, small businesses can see significant returns on their investment. 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.

How to Make a More Productive Monday on Friday

May 16, 2017 No Comments

With another hectic week coming to a close and the excitement of the weekend just hours away, it’s no wonder why Fridays are less than practically productive. In some business environments, it’s the unofficial slack-off day, one comprised of mundane tasks, a bit of cleanup, and perhaps, some tying of loose ends. Plans for the weekend take away attention from the inbox, and minds wander. Fridays, by-and-large, are informal work days, and that’s a shame, because these could serve as launch pad for serious Monday productivity. How to Make a More Productive Monday on Friday Ironically, Mondays aren’t much better, as these are the days returning from the weekends dreamed about on Fridays. The first day of the work week is one that’s often dreaded, in-part because of what wasn’t done on Friday. Talk about a dichotomy, this one scores high on the list. What’s worse, is that your team members aren’t alone in this experience, because you too, are right alongside them, especially on Friday afternoon, after lunch. Monday mornings are the most critical time of the workweek — they set the stage for the day and week ahead. Most successful people are keenly aware of the typical Monday-morning workplace dynamic of unanticipated events, overflow of communications, and general chaos. —Business Insider Even with all your entrepreneurial drive, you too, are ready to enjoy the downtime the weekend delivers, and it’s important because it lets you let go, at least enough to refresh. This dynamic doesn’t have to bedevil your company, or more particularly, you. There are some things you can do to make a more productive Monday on Friday: Plan in advance for the following week. Monday is often treated with disdain precisely because of what it holds in-store. Ironically, it’s what wasn’t done on Friday that makes this a reality. Mondays don’t have to be a scramble to catch-up, they can be a productive day, if you prepare on Friday. So, prime your sales pipeline, get organized, and plan out the week. You’ll do yourself a huge favor, and you’ll avoid that nagging feeling that you forgot something. Identify one or more things to get done today. Instead of counting down the clock to the end of the day, look at the time available to use for a task or two that’s yet to be completed. When you tackle a project, even if it’s small, you’ll feel a sense of accomplishment, and not guilty about taking time for yourself over the weekend. Reach out to customers early in the day. Because Friday is a lackadaisical day in so many offices, you can use this phenomenon to your advantage. Reach out to customers you haven’t connected with in awhile, and double down by following-up with deals in-the-works. Leave a small reward to enjoy on Monday. One reason Mondays seem so bland is because they lack reward. Whatever it is that perks you up, and not just a cup of coffee, like a favorite snack, put it aside for next week. You can even set a reminder to make it all the more special. Begin the week with thoughtful recognition. There is probably at least one person who helped you out this week, perhaps two or three. Show your appreciation by picking something up for them over the weekend and surprising them on Monday. It will keep you eager to get back Monday morning, and will create a sense of appreciation and excitement to the recipient(s). Another thing you can do on Friday to make Monday more productive is to get that one pain point out of the way. It will make the weekend all the more enjoyable and sweet, plus, it won’t daunt you next week. I started doing this in the form of a game or competition. How many pain point, or high priority projects, phone calls or tasks could I accomplish before I leave on Friday? How many projects or priorities do I have on Monday that I could complete on Friday to make Monday an easy start? And it is working for me with higher productivity, growth and more free time. Make your Friday count so that Monday is a breeze! [shareaholic app=”follow_buttons” id=”26833294″]