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?

Out-of-Date Phrases Small Business Owners Should Stop Using Around Gen Z Employees

November 2, 2023 No Comments

Out-of-Date Phrases Small Business Owners Should Stop Using Around Gen Z Employees Gen Z is the first generation to grow up with the internet and social media. They’re also the most diverse generation in American history. As a result, they have a unique perspective on the world and a different way of communicating than previous generations who came into adulthood in a completely different landscape with some technology that’s now either gone or changed dramatically over the years. Some Phrases Harm Company Culture In the ever-evolving environment of the modern workplace, effective communication is paramount. However, small business owners often unknowingly cling to outdated phrases and terminologies that can create a disconnect, especially with Gen Z employees who are now a significant part of the workforce. As the first truly digital generation, Gen Zers bring fresh perspectives and expectations to the workplace, and using out-of-date phrases can undermine a business’s company culture in several ways. Phrases Entrepreneurs Shouldn’t Use Around Gen Z Employees Small business owners who want to attract and retain Gen Z employees need to be aware of this and avoid using outdated phrases. Using old language can undermine your company culture and make you seem out of touch. Here are a few out-of-date phrases that small business owners should stop using around Gen Z employees: “Think outside the box.” This phrase has been around for decades and has been used to death. It’s also vague and doesn’t really mean anything to most Gen Z people. Instead of telling your employees to “think outside the box,” give them specific instructions on what you want, along with constructive advice about how to deliver. “Synergy.” This word is often used in business jargon, but it’s actually meaningless. Yes, it’s a real word, but it’s also just a way to sound sophisticated and Gen Z employees have probably heard it too much. Avoid using the word “synergy” and instead be clear and concise in your communication. “Work hard, play hard.” This phrase is often used to justify long hours and overwork. However, Gen Z employees greatly value work-life balance and don’t want to sacrifice their personal lives for their jobs. Instead, focus on creating a positive work environment where employees feel valued and supported. “Face time.” Traditionally meaning spending time with someone in person, this phrase can create confusion with Gen Z employees. In the digital context, “Face time” now refers to FaceTime, the video-calling application. Using outdated meanings of terms can lead to miscommunication and make the business owner appear out of sync with contemporary tech culture. ”Out of pocket.” To Boomers and Gen X, this phrase means “unavailable” or, is used to convey when someone is out of the office. However, to Gen Z, it means something entirely different – “wild and unhinged” or “out of character.” In addition to avoiding outdated phrases, small business owners should also be mindful of their body language and tone of voice when communicating with Gen Z employees. Gen Z employees are more likely to trust and respect leaders who are authentic and approachable. So, what other phrases and language would you suggest avoiding using around Gen Z employees? Please take a moment to share your experiences and suggestions so others can benefit from your input! Go ahead, take a few moments, and contribute to the conversation! Do you want to grow your company in 2024 but you are not sure what is required to make that growth happen? Attend our “Planning for Growth” half-day workshop where you will get amazing details specific to your business for what’s needed from your marketing, your sales team, your production team, and your financial performance to enter 2024 with confidence you can indeed grow as planned. You will have the clarity you’ve always wanted but didn’t know how to create. It’s a $1495 value we are offering in November for only $99. Contact us for dates and times. We offer a 100% money-back guarantee if you don’t leave the workshop confident that you know what to do to grow your company in 2024. So, go ahead and contact us by phone or email! By phone 602-435-5474 By email: SteveM@WatersBusinessConsulting.com Don’t wait! This is a great opportunity to propel your business forward!

Waiting for Perfection is a Perfect Recipe for Failure

May 16, 2017 No Comments

We see it all the time–especially in the technology sector–companies pushing out products that aren’t perfect. Bugs, hang-ups, you name it, they exist right inside, and it’s usually weeks, even months, before the fixes come. It happened when Disney first opened its parks, when Apple rolled-out a smartphone with a proprietary map, when this or that company introduced a product with this or that problem. With so much money at-stake, and, the sheer number of consumers waiting with baited breath to get their hands on the latest, it’s little wonder why companies push-out products that aren’t quite ready. The question is about these instances is just why that is a reality? Why is it that mega-corporations, with some of the best talent on the planet, putting out products with bugs? The answer might lie in the quality control, or, it could be just a matter of human limitation–that is, not knowing everything about the product and/or not being able to foresee the future. Waiting for Perfection is a Perfect Recipe for Failure Though large organizations do introduce products that have problems, these are usually minor. However annoying the faults might be, they are not typically too big a deal. It does boggle the mind how it happens, but, it gives us a very good lesson about business: waiting for perfection is a perfect recipe for failure. Chasing perfection can become an addiction that’s unlikely to help your peace of mind or your business. It seems counterintuitive to stop reaching for perfection, especially since we’re often told it’s the only way to achieve success. All the extra time and effort to ensure every aspect of your business is perfect won’t move your company forward, and it’s very likely to drive you crazy. —Forbes Like the nearby quote states, it can be downright unhealthy to chase perfection. The larger lesson, though, is that nothing is ever finished if it isn’t started. We’re talking about ideas, new products and/or services, a new take on something old. Whatever it might be, entrepreneurs can’t wait to get it perfect because the longer it stays inside as a secret, the more opportunity there is for someone else with a similar idea to launch and chase their dream. While you’re waiting to get it 100 percent right, it’s costing you time, effort, and a lot of frustration. Instead of striving for perfection, here’s what you ought to be doing: Place value in feedback. You can always make changes and when people see that you’re not only willing to make them, but also to make other improvements, will come to trust your brand. Understand that you have limitations. Sure, you might be able to get it to work without a hiccup, but that comes at the cost of lost time and revenue. What’s more, you’re putting way too much pressure on yourself and team to demand it be exactly right. Launch in stages, if possible. If you are able to do so, release it in stages and fix along the way. Chances are if you can do it incrementally, you’ll see things that can be changed or improved for the next increment release. While you can wait to make it great, you shouldn’t rush to completion. Sometimes, companies give into the temptation to rush something out, even if it’s completed, just to get it out to sell. When you hurry, you make mistakes and don’t have the time for consideration. Perfection is admirable, but, it means you’ll fail if you keep waiting and waiting to launch. This type of Start up practice; don’t wait for perfection … has been formulated recently into what is called Lean Startup Methodology. Several of my colleagues and I met on this subject and we are planning a work shop for Entrepreneurs in October. As written by Steve Blank in the Harvard Business Review, “…recently an important countervailing force has emerged, one that can make the process of starting a company less risky. It’s a methodology called the “lean start-up,” and it favors experimentation over elaborate planning, customer feedback over intuition, and iterative design over traditional “big design up front” development. Although the methodology is just a few years old, its concepts—such as “minimum viable product” and “pivoting”— have quickly taken root in the start-up world, and business schools have already begun adapting their curricula to teach them.” Take your idea to market and test what the buyer says about it … today! [shareaholic app=”follow_buttons” id=”26833294″]

Best Ways to Practice Self-Promotion

February 28, 2018 No Comments

Social media is a great way to promote your business. But, it alone certainly isn’t enough. You have to practice self-promotion and do it right to make it really pay off. Sure, you can effectively use social media to increase brand awareness. However, it does lack a personal touch. That’s why you need to get out and represent your company. The problem with this is, most people just don’t know where to start. Others make the mistake of over doing it. Still a few more tepidly practice self-promotion but only with great restraint because they don’t want to give off the wrong impression. Self-Promotion and Selfishness Make no mistake about it, self-promotion is paramount to growing your business. What you need to avoid is confusing it with being selfish. You see, self-promotion isn’t really about being selfish. (Unless you’re totally selling for your own benefit alone.) In other words, you shouldn’t feel guilty about promoting your brand because it has something of value to offer. That’s the whole purpose of being in business — to fulfill a need. Marketing is a lot like fishing—some companies cast a wide net to scoop up whatever they can get, while others use bait and wait it out until the right customer takes a nibble. To be successful, you need a combination of both techniques to not only grab a large number of new customers at once, but to also allow new business to continuously trickle in through referrals, word of mouth, and general curiosity. —Forbes.com So, don’t make the big mistake of thinking it’s all about you. Keep in mind that your customers get something valuable in return. And, both of you benefit from each transaction. This means that it’s a win-win scenario. You just have to see it for what it truly is and not fall prey to thinking it’s wrong to make a profit. Only when you don’t deliver on your promises is it unethical (and probably illegal). Best Ways to Practice Self-Promotion Now, let’s get to the most effective ways to practice self-promotion. You should know how to behave because your actions will definitely speak louder than words. Here are some helpful tips for how to practice self-promotion: Practice awareness. You can’t network in a vacuum. If you’re promoting your business, there is more than one person in the room. Keep this fact in mind. You need to read the other person or group and interact accordingly. If you fly blind, you’ll inevitably hit a wall. Always be gracious. Remember that polite manners go a long way. But just because someone gives you an opening to talk about your business doesn’t mean they are asking for a shameless sales pitch. Keep it short, succinct, and kind. Offer something interesting. Sometimes, it’s very tempting to rattle off numbers. Or, go into details. But remember it’s important that what you share is interesting. Otherwise, you’re not only boring the other person, you’re undermining your own efforts. Never be dishonest. Of course, you should always be honest about what you have done and can deliver. Don’t embellish or exaggerate because it will come back to bite you. Besides, if you mislead someone, the relationship begins with a lie. And, that’s never good for business. How do you promote your business? What self-promotion tactics work best for you? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.