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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Biggest Pros and Cons of Employee Monitoring Systems Small Business Owners Should Know About

January 18, 2024 No Comments

Biggest Pros and Cons of Employee Monitoring Systems Small Business Owners Should Know About Small business owners are constantly looking for ways to improve productivity, streamline operations, and ensure a safe working environment for their employees. One solution that has gained popularity in recent years is the use of employee monitoring systems. Employee monitoring tools can provide valuable insights into team member performance and help companies to better manage their workforce. However, there are also potential drawbacks to consider. So, it’s important to know the advantages and disadvantages of such technology. Below, we’ll explore the biggest pros and cons of employee monitoring systems for small business owners. Pros of Employee Monitoring Systems Increased productivity. One of the most significant advantages of employee monitoring systems is their ability to improve productivity. By tracking employee activity and identifying inefficiencies, small business owners can make data-driven decisions to optimize workflows and increase overall productivity. Enchanced security. Employee monitoring systems can also help to protect sensitive company information and prevent unauthorized access to critical systems. By tracking employee activity, small business owners can quickly identify and address potential security threats.t Improved employee accountability. Employee monitoring systems can also help to improve employee accountability by providing a clear record of their activities. This can help to reduce the likelihood of time theft and ensure that employees are working efficiently during their scheduled hours. Better time management. By tracking employee activity, small business owners can better understand how their employees are spending their time. This can help to identify areas where employees may be struggling and provide opportunities for additional training or support. Reduced costs. Employee monitoring systems can also help small businesses reduce costs by identifying inefficiencies and streamlining workflows. This can help to reduce the need for overtime and minimize the risk of costly mistakes. Cons of Employee Monitoring Systems Privacy concerns. One of the biggest concerns with employee monitoring systems is their potential to invade employee privacy. Small business owners must be careful to balance their need for information with their employees’ right to privacy. Employee morale. Employee monitoring systems can also have a negative impact on employee morale. If employees feel that they are being constantly monitored, it can lead to feelings of distrust and resentment. Legal considerations. Small business owners must also be aware of the legal implications of employee monitoring. Depending on the jurisdiction, there may be specific laws and regulations that govern the use of these systems. Technical issues. Employee monitoring systems can also be subject to technical issues, such as software glitches and data breaches. Small business owners must ensure that their systems are secure and that their data is protected. Summing It All Up Employee monitoring systems can provide small business owners with valuable insights into their workforce and help to improve productivity, security, and accountability. However, there are also potential drawbacks to consider, including privacy concerns, employee morale, legal considerations, and technical issues. Ultimately, small business owners must carefully weigh the pros and cons of employee monitoring systems and make an informed decision based on their specific needs and circumstances. 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.

How to Move Past a Bad Business Policy

May 16, 2017 No Comments

You identified a problem, took action, and enacted a new policy. Your people don’t like it (read: hate it), and, now you’re dealing with the fallout. It’s not an enviable position to be in, but nonetheless, here you are and now, you have to take action–again. The advice you’ve long heard about learning from your mistakes is now a reality, and, you are willing and able to accept it. The problem is how to move past a bad business policy and avoid repeating the same mistake in the future. Though you know this one backfired, you can’t be sure of how other policies you enact moving forward will impact your team and your business at-large. It’s okay to be retrospective and to attempt to peer around the corner, but for now, what you really need is to make things right. How to Move Past a Bad Business Policy The very fact that you are willing to recognize you made a mistake is a positive sign. However, you might still have a problem to deal with and you don’t want Murphy walking back into your organization, wielding his rule which states, “every solution breeds new problems.” You’ve already seen that unfold and it should have phased you enough to make a change. …we hate to fail. We fear it, we dread it, and when it does happen, we hold onto it. We give it power over our emotions, and sometimes we allow it to dictate our way forward (or backward). Some of us go to great lengths to avoid failure because of all the pain and shame associated with it. —Forbes It’s also good that you’re self-aware enough to accept the blame instead of digging in and defending what you’ve done, which will only insult your team members. So, how do you prevent this from happening again, but, still be able to enact policies that don’t end-up backfiring? Here are some helpful bits of advice you can use: Don’t be afraid to admit you made a mistake. This bears repeating, and, it does so big time. There’s little else more damaging than a leader who won’t admit he or she is wrong. It’s arrogant, harmful, and can cause good people to leave. In fact, the best thing to do is to have a sit down with your employees and others and talk about how you arrived at the decision, why it was wrong, and, how you plan to resolve the situation. Identify the problem and be proactive. Speaking of resolving the situation, you’re inevitably going to face problems again, so, before they have a chance to materialize, do what you can to thwart them. This won’t necessarily be easy, but your intuition will tell you when something is about to become a problem. Get ideas from your team about solutions. Your team members are among your most valuable assets. Don’t go it alone, speak openly with them and listen to their suggestions. You’ll likely find that doing so will present many ideas which can be molded together for a solution. Avoid new policies that create new problems. This is more difficult than you might think, but it’s still possible. Before you do enact a new policy, think about what it will do and how it will be received by your team. If you play it out and identify possible result scenarios, you can usually avoid making another bad policy. In my 34 years of business experience with ownership in 9 different businesses and consulting/coaching with hundreds of business owners, I have a long list of bad business policies that I have made. All of the policies well intended, but many times not fully thought through. My greatest lesson in making policies, is that hiring the right people with the right core values will minimize the policies that seem necessary to police and hold your team accountable. Those employees with the right core values will do what is right almost all of the time, thereby eliminating the need for many policies. [shareaholic app=”follow_buttons” id=”26833294″]

Reasons Why Your Business Stays Cash Poor

May 16, 2017 No Comments

Business owners and management professionals alike know the importance of maintaining positive cash-flow. It serves as the bloodline of a company, no matter its size, or even its asset position. In fact, some businesses learn the hard lesson that too much tied-up in assets is a liability. Having to sell such leverage just to meet obligations isn’t exactly a sign of good management. Another irony is found in two of the biggest reasons business fail: too little business or too much business. It is certainly strange the latter exists, but it’s nonetheless a reality. In fact, a proprietary study conducted by U.S. Bank provides proof — 82 percent of business failures result directly from poor cash management. Even though these entities earn more than enough business to keep their doors open — a lack of proper management is far too destructive. Reasons Why Your Business Stays Cash Poor The fundamentals of cash flow aren’t complicated to understand, but rather, to execute. The movement of funds in and out of a company is what constitutes cash flow — it can be positive or negative. When money is left over after all expenses are paid, that is positive cash flow. Conversely, when outflow exceeds inflow it constitutes negative cash flow — often a death knell of businesses experiencing the same. Cash flow is one of the most critical components of success for a small or mid-sized business. Without cash profits are meaningless. Many a profitable business on paper has ended up in bankruptcy because the amount of cash coming in doesn’t compare with the amount of cash going out. Firms that don’t exercise good cash management may not be able to make the investments needed to compete, or they may have to pay more to borrow money to function. —Inc.com Many businesses struggle with keeping expenses in-check and that’s normal. It’s due to the dynamic ebb-and-flow of a free system in which goods and materials costs can rise or fall as market conditions fluctuate. However, when cash flow is continually poorly managed, it manifests itself in a number of ways. Here are some of the most common reasons why your business stays cash poor: There’s too much tied-up in inventory and materials. Glance back to the first paragraph and this demonstrates a trap into which some businesses fall. That is, acquiring assets of value which must be liquidated to meet an obligation. The entire point of acquiring business assets is to retain same, not to liquidate, especially for day-to-day operating expenses. You’re not constantly examining business-to-business expenses. One of the most common bits of consumer advice circulated is going over every one of your monthly bills one line at a time. The reason, of course, is to be vigilant and discover any unauthorized charges or find slight up-charges in normal line items. Businesses ought to do the same because it’s easy to let recurring monthly bills be paid on autopilot without any real scrutiny. Accounts receivables stay sparsely busy. This is perhaps one of the most unpleasant aspects of doing business — collecting money owed. For some companies debt collecting is left to a single person or small team. For many others it’s the responsibility of the owner. Every dollar that’s in the receivables column is one that isn’t working for your business. There’s poor cash-flow forecasting. What the probable future looks like is very important. While you probably won’t be able to forecast to the penny (even a lot more) it’s worthwhile to have a glimpse into the future, especially when cash-flow is anemic. Growth is reducing cash-flow. Here again we see irony. When a business is growing, it surely must have positive cash flow — right? Not necessarily. There are a number of tricks a company can use to ostensibly grow. Even in a healthy environment, growth can still be a drain on cash and slowing growth can actually improve cash flow assuming your margins and overhead are in line. Another dynamic which can wreak havoc on a business is out of sync credit accounts. When vendors expect to be paid but accounts receivables aren’t set to accept payments before those dates, it unnecessarily reduces a business’ cash position. Obviously, not paying vendors on-time is something to be avoided because it can cost your company in terms of creditworthiness and reputation. You might be the heart beat of your business, but cash flow is the “life blood” of a business. Please follow me on: Facebook | Twitter | Pinterest | Instagram [shareaholic app=”follow_buttons” id=”26833294″]

Former Employee becomes a Rival Without a Non-Compete Agreement — What Should I Do

Legal Action might Not be the Best Action

How to Deal with an Ex-Employee Who is Now a Competitor

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Related Posts

Biggest Pros and Cons of Employee Monitoring Systems Small Business Owners Should Know About

How to Move Past a Bad Business Policy

Reasons Why Your Business Stays Cash Poor

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