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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Entrepreneurs, Let’s Talk Frankly About the Dreaded “S” Word

September 19, 2024 No Comments

There are many experiences entrepreneurs will thoroughly enjoy building up a business, but there are also circumstances they anxiously dread. The proverbial roller coaster ride of running a business is something that delivers a plethora of challenges and rewards alike. Still, for all the difficulties, most individuals learn to adapt and successfully transform problems into solutions by making them valuable learning lessons. Although nearly half of all new businesses fail within the first 3 to 5 years, others cannot only persevere but profit and gain an impressive track record that even exceeds their expectations. Some entrepreneurs find themselves far more successful than hoped and enjoy long and fulfilling careers. However, nothing lasts forever and this inevitability can be a very frightening reality for those who are unprepared. These individuals face a very stark set of circumstances, having to come to grips with the fact they cannot run the company forever because every entrepreneur must take on the unenviable challenge of handing the company over. Whether they want to utter the word aloud or not, all business owners must deal with the dreaded “S” word: succession. Business Succession Planning Shouldn’t be So Scary You went into business for yourself and now, it’s thriving. Earnings are up, costs are down, and you’ve got a great team around you, even better, very happy customers. At this point, it feels like everything has finally come together. You made it through the trials and tribulations, and now, you’re feeling financially secure. The future looks right, but then you realize your business won’t always be yours. Maybe you’re lucky enough to have trusted family step up and take your place. But, even family businesses aren’t immune from incompetent or lazy people who you just cannot trust to take the reins. This means crafting a clear and actionable succession plan. Creating a succession plan is crucial for business owners, yet many are apprehensive about actually doing it. So, let’s talk about why it’s important and better yet, how to overcome that hesitation. The Importance of Succession Planning A succession plan is vital for business owners as it guarantees a smooth transfer of leadership and ownership when key figures retire, leave, or pass away. It helps maintain operations without major disruptions, preserves the company’s value, and secures its long-term legacy and stability during transitional periods. Here are the reasons why having a plan in place is critical. First of all, a succession plan greatly aids business continuity. It ensures the company can continue operating smoothly in case of unexpected events like illness, death, or retirement of key leaders. Secondly, a succession plan helps to preserve value. A well-planned transition maintains the business’s value and reputation, protecting stakeholders’ interests. Third, it reduces uncertainty because it provides clarity for employees, clients, and partners about the company’s future direction. Additionally, a meaningful succession plan facilitates strategic planning by encouraging long-term thinking about the company’s goals and leadership needs. What’s more, having a well-thought-out succession plan minimizes conflicts. This is due to the fact that clearly defined succession plans can prevent disputes among potential successors or family members. 7 Effective Ways to Overcome Your Apprehension As you know, running a business isn’t just about managing employees or keeping customers happy. Often, the challenges are more personal. Many business owners find themselves sacrificing valuable family time, personal hobbies, and social activities in order to grow and sustain their company. One of the most feared challenges is handing the company over to another person to run it. This can easily lead to unnecessary and perhaps damage-inducing procrastination. While apprehension about such scenarios is natural, it’s important to take control and get over your fear by taking the following steps: Start early. Begin planning well before you intend to step down. This removes immediate pressure and allows time for careful consideration. Break it down. Tackle the process in smaller steps rather than trying to create a comprehensive plan all at once. Seek professional advice. Consult with lawyers, accountants, and business advisors who can guide you through the process and address specific concerns. An experienced business coach is an invaluable resource in these situations. Involve key stakeholders. Engage trusted employees, family members, or partners in discussions to gain different perspectives and build support. Focus on opportunities. View succession planning as a chance to secure your legacy and ensure the business thrives beyond your tenure. Also, educate yourself. Learn about successful succession stories in your industry to gain insights and inspiration. Consider multiple scenarios. Develop plans for various situations (e.g., planned retirement, unexpected illness) to feel more prepared for different outcomes. Regularly review and update. Treat the succession plan as a living document that evolves with your business, reducing the pressure to create a “perfect” plan immediately. (Be sure to periodically review and update your plan as needed so it accurately reflects the current situation and is viable for near-future use.) By taking steps to overcome apprehension, business owners can better secure their company’s future and their legacy. Although doing so may create anxiety and uncover some unpleasant realities, this is absolutely necessary to maintain the health and integrity of the company. 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, send us an email. You can also visit us at Waters Business Consulting Group to learn more about us and the services we offer.

Business Owners, Want to be Better Leaders? Then, Stop Apologizing and Use these Sentiments Instead

November 18, 2022 No Comments

If you’re anything like the average person, your parents probably instilled in you the courtesy to apologize. Saying you’re sorry is one of the most important keystones of polite society. So, it should definitely not come as a surprise that very politeness eventually turns into second nature compulsion. In fact, people use the phrase way too often and don’t really think about its effects. Now, in purely interpersonal situations, this is probably quite benign. But, when you’re running a business, this habit could cause a lot of unnecessary trouble. Apologizing isn’t Always Positive Of course, there have been academic studies confirming that apologizing too much tends to have adverse outcomes. It not only shows a willingness to capitulate, but it also underscores an underlying weakness. Furthermore, the same studies reveal that it can cause anger or resentment in others – two emotions you definitely want to avoid, if at all possible. After you hurt someone’s feelings or do something wrong, it turns out that saying sorry might not be the best solution. In fact, an apology might just add fuel to the fire, a recent study by researchers from Dartmouth College and the University of Texas has found. —Entrepreneur.com Apologizing too much doesn’t always result in dire circumstances. But, it may also easily create the impression that you’ll simply go along to get along no matter what. In other words, give the impression your preference is to avoid any and all confrontation, because it is too uncomfortable for you to handle. Obviously, none of these things are good for an entrepreneur, but this doesn’t mean you have to be stubborn, obtuse, or even mean. 3 Alternatives to Saying your Sorry When you apologize, you’re not only relating your own disposition, you’re sending signals to the other person or group of people. Fortunately, there are at least three handy phrases you can use in place of saying you’re sorry or apologizing outright: “I appreciate your patience.” Whether you’re late for an appointment or something is taking longer than it should have, save the apology and use this phrase instead. It has the same effect that you’re looking for but doesn’t put the blame solely on you and compliments the other person. “Thank you for working with me.” This is a great alternative when things aren’t going according to plan. In a sense, you’re still apologizing, but you are not doing so directly, and again you are giving the other person a nice compliment. “Here’s a slightly different perspective.” Rather than blurting out an apology for something you haven’t said yet, use this expression to bolster your credibility and get people to actually listen to what you have to say. This is a terrific way to join in on a conversation or to bring your point of view up. What other suggestions do you have for apology alternatives? Please, take a few moments to share your thoughts and experiences so others can benefit from your input! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Here’s the Real Reason MoviePass is Failing So Spectacularly (Hint_ It’s Not what You Think)

September 13, 2018 No Comments

MoviePass is failing in-part because it didn’t fully understand the business on which it tried to build its own empire. A slew of news interviews with theater operators points this fact out. They say the service just doesn’t understand how the cinema business works. But, perhaps more importantly, what’s caused things to go so badly in such a short time is it was always too good to be true. In other words, the company overpromised. That’s really why the startup is quickly sputtering out-of-control. And, it’s what gets far too many fledgling companies in big time trouble. Eager to please and deliver jaw-dropping results, they promise the moon and hardly leave earth’s atmosphere. Biggest Overpromising Pitfalls Undoubtedly, critics say it’s time to face reality and close up shop. Irate subscribers and suing shareholders might disagree. (The former wants out, while the latter wants its investment money back.) But, it’s now apparent the movie-selling service just can’t operate as it has. And, for good reason. When you overpromise, you put undue pressure on yourself. Not to mention, you artificially raise expectations to unreachable heights. How many times has a salesperson promised to increase your company’s exposure by 50%, double your client list, and quadruple your profit margin? In this age of instantaneous satisfaction (thanks, technology!), many entrepreneurs and corporate leaders are so eager to appease stakeholders and worried about the bottom line that they seize amorphous opportunities and are disappointed with the results. —Forbes.com There’s more downsides to overpromising. You’re not only letting down one customer, you’re also sending a message that you just aren’t competent or capable of delivering. Then, there’s also the fact that you create resentment among your employees — toward you and each other. 3 Effective Ways to Avoid Overpromising So, how do you avoid the trap of overpromising. After all, you want to sell your business as the solution. Here are a few helpful suggestions for how to avoid overpromising: Learn your customer’s expectations first. Before you begin making promises about what you can do for someone, be sure to ask about their expectations. There’s no good reason to offer lofty solutions or goals when you don’t know what’s really needed. Be completely open, honest, and transparent. As you’re talking with your customer (and with your own team), it’s very important to always be honest. One of the fastest ways to invite disaster is to keep secrets. It’s just counterproductive to hold back because it will eventually come back to bite you. Keep all communications flowing between everyone involved. Communication either solves or prevents a whole lot of misunderstandings. It’s not enough to just be honest but also, to make yourself accessible. When everyone communicates, everyone is on the same page. And, that’s an invaluable element since it paves the way to success when all parties are on-board and totally in-the-know. What other ways do you avoid overpromising? Or, what other advice would you give? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.