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 — Post-Pandemic, This One Single Word will Become Your most Powerful Tool

June 11, 2020 No Comments

Just one word can serve as your most powerful ally in a coming post-pandemic business world. It’s actually one of the shortest words in the English language, but wields an incredible amount of influence. It’s a single syllable that can save you from a lot of trouble, and even one that can help you realize a profit. This magical word? It’s “no,” and it will be very difficult to utter in the coming months. Why “No” will Become Absolutely Necessary Risk is inherent in entrepreneurship, and that’s why it’s so difficult to turn things down. Business owners realize when they do not seize upon a seeming opportunity, they ostensibly lose out in one way or another. Call it FOMO or fear of missing out. Call it pride or even stubbornness. Whatever it is, there’s an impulse to accept things as they come. It’s easy to say yes and hard to say no. Anyone who has children knows how effortless it is for kids to learn the word ‘no.’ They love to say it—all the time! So, it’s curious that as we get older, the word ‘no’ becomes a distant memory and ‘yes’ is the order of the day. This is especially true if you are a people pleaser. Let’s face it, deep down we all want to be liked. For an entrepreneur, learning to say no is crucial because it can mean the difference between success and failure. —Forbes This isn’t to say it’s necessary or even smarter to avoid risk, but rather, to measure it on a case-by-case basis. And in a time when you’re in a position to help others out in their time of need, it will be extra tempting to accept rather than pass. This can easily become detrimental to your business in a very short period of time. So, it’s critical that you learn or relearn how to say “no.” How to Say “No” The real problem with saying “no” is that you’re not saying “yes.” If you think about it for a moment, that becomes fairly profound. In other words, “yes” carries a positive connotation, while its antonym is, understandably negative. But, that doesn’t mean that saying “no” can’t have a positive income. Here’s how to say “no,” when you impulsively want to say the opposite: Suggest alternatives. Instead of just posing an objection and leaving it at that, suggest alternative scenarios. It will help you to feel a sense of usefulness and even a sense of accomplishment, perhaps pride. This way, you’re offering solutions rather than shutting the other person out. Explain your reasoning. Although we’ve all heard the phrase “No is a complete sentence,” in many instances, it’s just not enough. So, take a moment to explain why you’re saying “No thanks,” and don’t belabor the point(s). After all, if you do prolong the situation, you’re opening yourself up to self-doubt. Don’t rationalize your decision.This goes right along with the last point. If you begin to rationalize, you’ll send yourself out on a path to going the opposite way to “yes.” And, that defeats the entire purpose of saying “no” in the first place. What other suggestions would you add? Please share your thoughts and experience by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

If an Employee Right to Disconnect Law Came to the United States, Would Your Business Be Prepared?

March 15, 2024 No Comments

If an Employee Right to Disconnect Law Came to the United States, Would Your Business Be Prepared? Today’s fast-paced, technology-driven world allows everyone to be constantly connected. While this offers a lot of convenience and greatly bolsters collaboration, it does contribute to disappearing boundaries between work and play. In other words, employers can reach their employees, even when said employees aren’t on the company clock. Enter the concept of an Employee Right to Disconnect Law – a movement that is gaining considerable traction. Right now, it’s mostly in Europe. But what would happen if such a law were to come to the United States? Would your business be prepared for the changes it would bring? Let’s explore the possible implications and how you can ensure that your business is ready. Understanding the Employee Right to Disconnect The Employee Right to Disconnect is a legal concept that aims to protect employees from being obligated to respond to work-related communications outside of their regular working hours. It allows employees to truly disconnect from work and enjoy their personal time without the fear of repercussions. In recent years, several countries have introduced employee right to disconnect laws to address the growing issue of work-life balance in an increasingly connected world. Again, these laws aim to protect employees from being contacted outside of working hours and to ensure that they have the right to disconnect from work-related communication. Currently, France, Portugal, and Australia have an employee right to disconnect law, while Spain, Ireland, Germany, and Italy are considering adopting such a measure. Although there is no federal law in the United States currently in place that guarantees the right to disconnect, some states, such as New York and California, have introduced bills to protect employees from being contacted outside of working hours. So, it’s at least something to be aware of and begin to tentatively plan for. Implications for Businesses If an Employee Right to Disconnect Law were to be implemented in the US, businesses would necessarily need to adapt their policies and practices to comply with the new regulations. This could mean setting clear boundaries for when employees are expected to be available and ensuring that work-related communications are not sent during non-working hours. Is Your Business Prepared? To determine if your business is prepared for an Employee Right to Disconnect Law, ask yourself the following questions: Do we have clear policies in place regarding work-related communications outside of working hours? Are managers and employees trained on the importance of disconnecting from work to maintain a healthy work-life balance? Have we implemented technology solutions that can help limit after-hours work communication? Ensuring Compliance To ensure that your business is ready for an Employee Right to Disconnect Law, consider implementing the following strategies: Establish clear guidelines for work-related communication outside of regular working hours. Provide training to managers and employees on the importance of disconnecting from work. Utilize technology tools that can help automate processes and limit after-hours communication. This means you should be at least tentatively preparing your business for a potential Employee Right to Disconnect Law. By taking proactive steps to establish clear policies and promote a healthy work-life balance, you can ensure that your business is ready for any regulatory changes that may come its way. 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.

Alex Jones, InfoWars, Facebook, Twitter, and YouTube — Why it’s All Gone So Bad

October 10, 2018 No Comments

Alex Jones is all over the news. His controversial content sparked a national conversation about free speech. And, social media corporations have received public pressure to remove the conspiracy theorist’s presence. They’ve mostly complied. Regardless of what you think about the man, it not only brings up the issue of free speech but also puts another dynamic at the forefront. That is the age-old saying, “One bad apple can ruin the bunch.” Or, in this case, how these various social networks put themselves in an untenable condition. How One Bad Employee can Damage a Company The real crux of the matter comes down to the fact that social sites do police and prohibit certain types of content. (Violent images, pornography, and more.) But, we’ve seen that just one user can easily tarnish the reputation of the entire platform. The same holds true for business. A bad employee can utterly damage a company. Once the damage is done, it becomes an even larger issue. There’s that one person on your team — the bad apple who has nothing positive to say, riles up other team members, and makes work life miserable. If you can’t fire him, how do you respond to his behavior? What feedback do you give? How do you mitigate the damage he inflicts? —Harvard Business Review.org All it takes is a single instance of an egregious behavior. Or, a pattern of bad practices that go without correction. This is why Disney parks enforce so many employee behavior rules. The theme parks are selling experiences. And, all it takes is one bad encounter to absolutely ruin a whole family’s trip. Because, that’s what they’ll most remember — the bad stuff. If you don’t believe this, just look at the statistics about how many people an unhappy customer will tell their friends about a bad experience. It’s double, even triple, the number of people a happy customer will tell others about a good experience. 3 Ways to Prevent Employees from Ruining Your Business If you sense or have already encountered a situation where an employee is damaging your company, you must take action immediately. Here are some effective ways to prevent employees from ruining your business: Privately deal with the bad behavior. Once it’s happened, you can’t ignore it. Bring the employee in for a private chat. Have an honest talk about the circumstances and give positive guidance. Then, follow up periodically to ensure things are going well. Regularly monitor everyone for toxic behavior. Yes, one bad apple will ruin the bunch. And, this goes for employees. Bad attitude easily spreads throughout a business’ culture. So, keep your eyes open and listen for any negativity. Encourage team members to openly recognize one another. It’s not just on you as the leader. Encourage employees to praise each other and encourage one another when appropriate. The more positive the environment, the better. How do you deal with bad employees? What methods are the most effective? Please comment and share your thoughts and experiences! Interested in learning more about business? Then just visit Waters Business Consulting Group.