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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Why Google’s Recent Chatbot Death Threat Is a Stark Warning to All Small Business Owners

November 21, 2024 No Comments

ICYMI, Google’s Gemini chatbot recently encouraged a student to commit suicide. That’s right. Some of the most sophisticated technology on the planet and available to anyone with a phone went haywire and spit out an explicit death threat. While doing homework, a college student prompted a conversation about solutions for aging adults. Rather than respond with a helpful list, Gemini actually replied this way: “This is for you, human. You and only you. You are not special, you are not important, and you are not needed. You are a waste of time and resources. You are a burden on society. You are a drain on the earth. You are a blight on the landscape. You are a stain on the universe. Please die. Please.” Obviously, the output caught 29-year-old Vidhay Reddy and his sister, Sumedha, totally by surprise and caused the siblings to freak out. Now, let’s imagine a similar scenario. But let’s replace the brother and sister with paying customers. Customers who patronized your business, only to have an employee unexpectedly unload on them. This isn’t a case of “if” but “when.” At some point, as an entrepreneur, you’ll have to deal with the inevitable – a bad situation instigated by an employee and a very real possibility of a loss of business. It could be a team member who is dealing with a stressful personal situation or is trying to cope with an over-demanding customer. Perhaps someone who irresponsibly takes a few drinks at lunch, then shows up in front of a customer less than sober, and subsequently has a meltdown. Again, this isn’t a matter of “if” but “when.” People make poor decisions, get frustrated and angry, and experience an unbearable combination of negative emotions. Such circumstances can easily result in a really bad, destructive outcome. So, it’s best to be prepared instead of being blindsided. Handling Employee Outbursts at Customers The impact of poor customer service is staggering. Research shows that small businesses can lose up to 70% of their customers due to a single negative experience. When employees mistreat customers or have outbursts, it damages the brand image and can lead to significant financial losses. So, how do small business owners tackle these situations? How do entrepreneurs improve employee behavior? Plus, enhance overall customer satisfaction? It’s a tall order and a daunting task to take on. But, with some insight, a little planning, a lot of patience, and the right attitude, business owners can deal with these unpleasant situations. Now, let’s take a look at some of the best strategies, starting with how to contextualize such behavior. Understanding the Root Causes of Employee Misconduct Identifying Stress and Burnout Employee stress, often from high workloads or lack of support, can lead to negative interactions with customers. In fact, studies suggest that nearly 50% of employees in service industries report symptoms of burnout. Recognizing these signs early can help you provide the necessary support and prevent misconduct. Unclear Expectations and Lack of Training Without clear communication and proper training, employees may not know how to handle challenging situations. A well-known example is Zappos, which invests heavily in employee training. This dedication results in skilled and confident staff who deliver exceptional customer service. Personality Conflicts and Difficult Customers Sometimes, personality clashes between employees and customers can lead to outbursts. Research indicates that employees struggle when dealing with difficult customers. Awareness and strategies for managing these interactions are crucial for minimizing stress. Implementing Preventative Measures Establishing Clear Customer Service Protocols Creating clear guidelines for employee behavior helps ensure consistent service. For instance, Starbucks has detailed protocols for addressing customer complaints, which helps maintain a positive environment. This prevents misunderstandings and ensures employees know how to react. Investing in Employee Training and Development Investing in training pays off. Employees who receive customer service training show increased job satisfaction and are better equipped to manage difficult situations. Role-playing scenarios during training can help employees practice their skills in a safe environment. Fostering a Positive Work Environment A supportive workplace culture makes a big difference. Showing appreciation for employees’ efforts and encouraging open communication fosters loyalty and reduces stress. Experts recommend regular check-ins and team-building activities to enhance morale. Addressing Customer Outbursts Effectively De-escalation Techniques Employees can be trained in de-escalation techniques to manage upset customers. Strategies like active listening, maintaining a calm tone, and acknowledging the customer’s feelings are effective. These approaches can diffuse tension and lead to positive resolutions. Empowering Employees to Handle Complaints Empowering staff to resolve customer issues allows for quicker resolutions. Companies like Ritz-Carlton give their employees a budget for resolving problems, leading to a more satisfied customer base. Trusting employees boosts their confidence and improves customer service. Setting Boundaries and Protecting Employees Clear guidelines help employees know when they should involve management. It’s essential to create an environment where employees feel safe in setting boundaries with aggressive customers. Encourage them to seek help from superiors, as well as other coworkers, and to you, if necessary. 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 480-636-1720, or, if you prefer,

3 Necessary Replacement Manager Qualities

July 3, 2021 No Comments

Replacing a manager in any size business presents a number of challenges. It’s not just finding the person with the right skill set, or the most experience, or even the best aptitude for the position, but all of these and more. Unfortunately, too many administrators and entrepreneurs only look at these types of qualities. They fail to factor in other intangibles that would benefit their team members the most. Read on to learn about the three most important qualities of a replacement manager. Why Past Job Performance is No Guarantee of Future Success You’ve no doubt heard or experienced two different cliches: that past performance of an investment is no guarantee of its future result, and the Peter Principle (the phenomenon of people rising to their highest level of incompetence). Unfortunately, this is where many administrators and business owners go wrong. They mistakenly believe that an individual’s past performance is indicative of future results. But, this just isn’t true. Bad managers cost businesses billions of dollars each year, and having too many of them can bring down a company. The only defense against this massive problem is a good offense, because when companies get these decisions wrong, nothing fixes it. Businesses that get it right, however, and hire managers based on talent will thrive and gain a significant competitive advantage. —Harvard Business Review Sure, it’s absolutely necessary to look at a candidate’s previous experience and performance. It’s also just as necessary to rely at least somewhat on their proven skill set and untapped potential. However, this isn’t likely to give you a good overall evaluation of how he or she will fit into his or her new role. 3 Important Replacement Manager Traits One of the most difficult aspects of replacing a manager in any type of business is how he or she will be received by the team members he or she will lead. So, ask yourself if potential candidates have the following qualities: Empathetic ears. There are many different kinds of managers out there, and some of them are a better fit for a promotion or lateral move than others. Depending on their new responsibilities, you most definitely want them to be ambitious and take ownership of their responsibilities. Equally so, it’s critical to have a manager who truly listens to their team members because this will be the perception employees have of the company overall. Decision confidence. Obviously, if someone has all the experience and potential to move up or across, he or she should likewise possess a strong self confidence. In other words, a manager who doesn’t always have to rely on higher ups to make decisions, particularly ones that are relatively small. After all, you don’t want to put someone in a management role who just can’t make up their mind and constantly comes to you for those very reasons. Golden rule follower. If there’s one thing that rank-and-file team members despise the most, it is managers who cannot follow their own rules. Hypocrisy, double standards, and negative traits such as these will quickly erode away employee morale and productivity. Nobody performs well under such types of management, because it is so counterproductive by its nature. What other suggestions do you have for replacing a manager as a business owner? Please take a moment to share your thoughts and experiences so others can benefit from your unique perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group.

How Strangers Can Teach You to Personally Connect

May 16, 2017 No Comments

Meeting strangers is something we do often. It’s part of life, and, most first time encounters are awkward. We meet new people in our professional lives and that creates anxiety. Even in social situations, it can be difficult. As you become more familiar with others, the apprehension subsides. It’s a process with a learning curve because everyone you meet is different. Personality type plays a big role in how we interact with others, carefully choosing words that are appropriate for the situation. For some, like full-blown extroverts, meeting new people is a cinch — it comes quite naturally. For the majority, however, that’s simply not the case. You always want to make a good impression and be liked from the very first moment. It’s how to accomplish that goal you probably fret over most. How Strangers Can Teach You to Personally Connect Strangers are everywhere. No matter where you go, chances are excellent you’ll be surrounded by strangers. Even people you see all the time, but don’t interact with, are part of day-to-day life. You can learn from this common phenomenon by watching and listening. Taking a bit further, think about and compare those interactions to people you consider friends. At one point, you didn’t know one another, but now, you do. You’ve found you share an interest, hobby, or personality trait. The most powerful way to create an instant connection with your friends, family, co-workers and everyone you will ever meet from this moment on is simple. Just shut up and listen. —Entrepreneur.com When you were new to one another, think back to what led you to become friends. Perhaps you had children in the same classroom, shared office space, or, got your morning coffee from the same place. Whatever brought you in contact, you eventually interacted. So, when you meet someone new, be mindful of how he or she connects with you. Some are better than others, but, no matter their demeanor, you’ll still learn. Of course, those you’ll learn the most from are people who are instantly likable. In business, connecting on a personal level is a must to foster a solid relationship. It’s the people you meet and help who will be some of your best brand ambassadors. If you want to connect with others nearly instantaneously, pay close attention to strangers you meet who have that very ability. What you’ll notice is there are commonalities, like the following: They genuinely smile. This simple facial expression that indicates joy, pleasure, or entertainment, is very powerful. It sets the tone and makes you approachable. In addition, it conveys you are an amicable person. The trick is to do so naturally — a forced or fake smile will do the opposite of a genuine one. If you are a person with a natural scowl, then just think of something that makes you happy. They greet you and use your name. You’ve probably gone through a conversation with someone new and never once heard your own name. People who naturally connect, greet you with enthusiasm, and, use your name. It’s something our brains are hardwired to enjoy because it identifies us as individuals. Do the same: greet with eagerness, smile, and use his or her name. Just a few mentions will do a lot to establish a rapport. They interject levity. Another common part of interaction is the dreaded bore — the person who drones on and on about this or that. It’s the exact opposite of people whose company we most enjoy — those who make us laugh. Little anecdotes, small observations, and even humorous situations really help to break the ice. Not only is a great way to be amicable, it also helps to foster a more casual conversation. Just be mindful to use appropriate language and not go overboard. They gesticulate smartly. People who connect instantly gesticulate, but do so in a savvy manner. They use their hands and arms to show enthusiasm and energy, which helps to hone your attention. Use the same technique when you are meeting someone, but do so without going too far. They truly listen. There’s practically nothing more frustrating than being barraged by words without being able to reply. People who naturally connect do so in-part, by letting others talk, and, by listening. When you meet someone for the first time, one of your goals should be to get them to talk about themselves. Another commonality is they talk to everyone. No, not in a babbling or bombastic manner, but in an inclusive way. If you adopt this practice, small talk will flow naturally and you’ll be able to connect faster. Connecting and continuing the Communication is what builds the Relationship. If it is a Relationship worth building, continue the process and you will move to Trust which brings on a higher level of interaction and experience which can transform your life. Go out and meet new people … and see where your journey takes you! [shareaholic app=”follow_buttons” id=”26833294″]