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?

Share on Facebook
Share on Twitter
Share on Linkdin
Share on Pinterest

Related Posts

3 Sure-Fire Ways to Exhaust and Infuriate Good Employees

August 5, 2020 No Comments

No manager or business owner sets out to sabotage their employees. But, that’s sometimes the end result, brought on by a number of different behaviors. For instance, it’s well known that holding unnecessary meetings is a great way to agitate and irk team members. After all, they know superfluousness when they’re unwillingly subjected to it. So, it only serves to bother and anger people. But, that’s not the only way entrepreneurs and managers alike aggravate and annoy employees, there are others. Employees’ Needs are Important Your employees’ needs must be met in order for them to respect you. That doesn’t mean giving them everything they want. But, it does mean treating them the same way you’d want to be treated if you were in their shoes. For instance, unclear communication. Being unclear is just as bad as being unkind. Without clarity, you’re not providing ample direction and that is a real source of frustration for your employees. Toxic company culture often starts at the top in the active bad behavior of a senior leader or by those who have supervisory responsibilities. To get the root of the problem follow the toxicity wherever it leads because people don’t leave companies, they leave managers. —Entrepreneur.com Conversely, there’s also such a thing as providing too much detail. It’s the true-life version of drinking from a fire hose. You’re providing way too much information to process. This inevitably results in bewilderment and/or confusion. Unsurprisingly, employees don’t really understand the overall picture because you’re losing them in the minutia. 3 Sure-Fire Ways to Exhaust and Infuriate Good Employees Although the above examples are ways to run down employee morale, three other behaviors will outright cause them to sour. Here are the three ways that entrepreneurs and managers effectively ruin their teams: Micromanaging. This is probably the most hated and counterproductive managerial trait of them all. By not giving people their independence and autonomy, you are disrespecting them. Plus, this stifles them intellectually and creatively. Moreover, it results in feeling unappreciated and resentment builds. In short, there’s nothing good that comes from micromanaging. Making too many changes. While change can be a good thing, and sometimes it’s absolutely necessary, too many changes will only cause chaos. Employees will lose track of what is acceptable and what’s not and will eventually fail to recall the latest policies and procedures and even goals. Being indecisive and too emotional. When you lead with enthusiasm and vision, that’s a great way to get your team members excited. But, If you lead by raw emotion only and worse yet, can’t make a decision at critical moments, you’ve clearly demonstrated your not cut out for a role in leadership. Yes, there will be difficult decisions and times when emotions will run high or low, but you have to stay calm and avoid rash decisions. Or, failing to make any decisions whatsoever. What other managerial behaviors do you think irritate and/or undermine employees? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Read More »