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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The Corona Virus is a Stark Reminder of How Businesses should Deal with the Flu

March 16, 2020 No Comments

As the coronavirus continues to dominate the news headlines, people grow ever-more concerned about its spread and possible contagion. While the risk of contracting the illness is very slight, it does help to raise awareness about the spread of common infections, like the cold and flu. And, this is something businesses need to be prepared for, particularly when employees start getting sick. Why Illness and Work just Don’t Mix Either an outbreak of a cold or flu strain can wreak havoc on any small business. Worse yet, in more ways than one. First and foremost is of course, the spread of it to other team members. Then, there’s the productivity hit that follows. With fewer people on the job, it’s more difficult to keep up and quality eventually begins to suffer. The threat cold-and-flu season poses to companies isn’t something to sneeze at. According to the Centers for Disease Control, the flu alone costs U.S. companies $10.4 billion in direct costs including hospitalizations and outpatient visits. The CDC also estimates up to one-fifth of the U.S. population will get the flu in a given flu season, and more than 200,000 Americans will be hospitalized with seasonal, flu-related complications. —Entrepreneur.com Even employees who can power their way through a sickness can’t bring their A game and that can make the difference in key situations. Plus, it encourages people to spread the illness to others without regard to employees’ health. How to Prevent the Flu from Spreading in Your Business The flu or a cold can be devastating to any small business. But, it’s better to handle it in a smart way than trying to go about business as usual. Here are some effective ways the Centers for Disease Control and Prevention recommends businesses prevent the spread of cold and flu in the workplace: Encourage team members to get a flu vaccine. The CDC advises anyone who is 6 months of age and older to get an annual flu vaccine. (Remember, this is just a recommendation and not a requirement.) Develop and stick-with good sick leave policies. Create sick policies which encourage employees to take time off without fear of losing out on compensation or fear of reprisal. Advise sick employees to stay home for enough time. Anyone who gets a cold or the flu should not return to work until at least 24 hours after they get over a fever. This way, they aren’t a continuing source for infecting others. Allow well employees with sick family members to work (at home). Although the CDC says healthy employees with sick relatives can come to work, it’s not always a good idea. For instance, if a child or elderly parent is sick, their head won’t be in the game anyway. Provide proactive, preventative necessities throughout the workplace. Things like hand sanitizer, tissues, hand soap, and more preventative necessities should be readily available, all throughout the workplace. What other suggestions do you have to deal with a cold or flu outbreak in the workplace? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

How to Deal with a Business Partnership that’s Going Bad

July 6, 2023 No Comments

Business partnerships are often formed with high hopes and mutual goals. However, sometimes partnerships encounter challenges and start to go sour. Dealing with a failing business partnership can be emotionally and professionally challenging, but it’s essential to address the issues head-on and explore potential solutions. How to Deal with a Business Partnership that’s Going Bad Since this is such an important issue, we’ll provide some advice on how to navigate a deteriorating business partnership, including strategies to address problems and steps to take if the partnership cannot be salvaged. Communication is key. Effective communication is the foundation for resolving issues in a failing business partnership. Schedule a dedicated meeting to openly discuss concerns, frustrations, and areas of disagreement. Allow each party to express their thoughts and actively listen to understand the other’s perspective. Create a safe and respectful environment that encourages honest dialogue and promotes problem-solving rather than blame. Identify the root causes. To address the problems in your partnership, it’s crucial to identify the underlying causes. Pinpoint specific issues or challenges that are affecting the partnership’s success. These may include differing visions, incompatible work styles, misaligned goals, or a lack of trust. By identifying the root causes, you can develop targeted strategies to overcome or mitigate them. Seek mediation or professional help. If communication alone doesn’t resolve the issues, consider engaging a neutral third party, such as a mediator or business consultant, to facilitate constructive discussions. A skilled mediator can help navigate difficult conversations, find common ground, and offer unbiased guidance. Additionally, seeking advice from an experienced business coach or consultant can provide an objective perspective and help identify strategies to improve the partnership dynamics. Renegotiate terms and roles. If the partnership is salvageable, it may be necessary to renegotiate the terms and roles to address the identified issues. This could involve revisiting the partnership agreement, clearly defining responsibilities, and setting realistic expectations. It’s crucial to find a compromise that considers the needs and aspirations of both parties, ensuring a fair and balanced arrangement moving forward. Establish a clear communication and conflict resolution protocol. To prevent future conflicts or misunderstandings, establish a clear communication and conflict resolution protocol within the partnership. Define guidelines for regular check-ins, decision-making processes, and conflict resolution mechanisms. This creates a framework for addressing issues promptly and constructively, fostering a healthier partnership dynamic. Consider an amicable dissolution. Despite efforts to resolve the issues, there may be instances where the partnership is no longer viable. In such cases, it’s important to consider an amicable dissolution. Evaluate the financial and legal implications of ending the partnership and consult with an attorney if necessary. Develop a plan to separate assets, liabilities, and ongoing responsibilities in a fair and equitable manner. Learn from you experience and move on. If the partnership fails, it’s essential to view it as a learning experience and an opportunity for growth. Reflect on the lessons learned, including the warning signs that led to the partnership’s deterioration. Take the knowledge gained and apply it to future endeavors, ensuring better decision-making and partner selection processes moving forward. Dealing with a failing business partnership can be challenging, but addressing the issues directly and honestly is crucial to finding a resolution. Effective communication, identification of root causes, seeking professional help if needed, renegotiating terms, and establishing clear protocols can potentially salvage a partnership. However, if the partnership cannot be salvaged, an amicable dissolution may be the best option. Remember to learn from the experience and use it as a stepping stone for future business endeavors. Ultimately, the key is to prioritize open communication, respect, and the long-term success of all parties involved. What other suggestions do you have for dealing with a business partnership that’s going bad? Please take a moment or two to comment with your own thoughts and experiences so others can benefit from your perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group to learn more about us and the services we offer.

Studies and Statistics Show Gen Zers Prefer Entrepreneurship – So How Do Small Businesses Attract Young Talent?

February 9, 2024 No Comments

Studies and Statistics Show Gen Zers Prefer Entrepreneurship – So How Do Small Businesses Attract Young Talent? (WBC) In recent years, the entrepreneurial spirit has been on the rise among the Gen Z population. With more and more young people opting to start their own companies, small businesses face a unique challenge in attracting young talent. That necessitates learning various strategies small businesses can employ to attract Gen Z talent and remain competitive in today’s job market. Understanding Gen Z’s Entrepreneurial Drive The demographic cohort born between the mid-1990s and the early 2010s – Gen Z – has grown up in a world of rapid technological advancements, social media, and global connectivity. This has fostered a strong sense of independence and an entrepreneurial mindset among many members of this generation. Gen Zers are known for their desire to make a positive impact on the world, their focus on social and environmental issues, and their preference for flexible work arrangements. By understanding these characteristics, small businesses can tailor their recruitment strategies to appeal to this demographic. Strategies for Attracting Gen Z Talent In a landscape where Gen Zers are increasingly drawn to the allure of entrepreneurship and startup ventures, attracting their talent to small businesses may seem like a challenge. However, there are strategic approaches that savvy small business owners can employ to entice the entrepreneurial-minded Gen Z workforce. Offer flexible work arrangements. Gen Z values work-life balance and flexibility. Small businesses can attract young talent by offering flexible work hours, remote work options, and a relaxed company culture that promotes a healthy work-life balance. Provide opportunities for growth and development. Gen Zers are eager to learn and grow professionally. Small businesses can attract young talent by offering training programs, mentorship opportunities, and clear career progression paths. Leverage technology. Gen Z is the first generation to grow up as digital natives. Small businesses should embrace technology and digital tools to streamline their operations and appeal to young talent. Offer competitive compensation and benefits. While Gen Zers value purpose and impact, they obviousl expect fair compensation and benefits. Small businesses should offer competitive salaries, health insurance, and retirement plans to attract young talent. Emphasize purpose and impact. Gen Zers are highly motivated by the desire to make a difference in the world. Small businesses should highlight the social and environmental impact of their work, as well as the company’s commitment to making a positive change. And, here’s a bonus tip – don’t be afraid to embrace their entrepreneurial spirit! Offer internship programs focused on innovation, consider employee ownership options, or even collaborate with them on side projects or ventures. Remember, Gen Z sees work as an extension of their lives, not just a means to an end. Find ways to integrate their entrepreneurial ambitions with your business goals, and you’ll create a win-win scenario for everyone. By adapting your approach and creating an environment that resonates with their values and aspirations, your small business can become a magnet for the dynamic and innovative talent of Gen Z, propelling your company to new heights in the years to come. So, open your doors to the entrepreneurial spirit, and watch your hive buzz with the energy of the future! 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.