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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How the Rise of ‘Dry Promotions’ Gives Small Business Owners Big Opportunities

June 21, 2024 No Comments

How the Rise of ‘Dry Promotions’ Gives Small Business Owners Big Opportunities Remember the iconic scene in the 1980 comedy “Caddyshack” when Bill Murray’s character – Carl Spackler – reminisces about caddying for the Dalai Lama and not getting paid for his extra effort? “And I say, ‘Hey, Lama, how about a little something, you know, for the effort?’ And he says, ‘Oh, there won’t be any money, but when you die, on your deathbed, you will receive total consciousness. ‘ So I’ve got that going for me … which is nice.” It’s a funny exchange and of course, the punchline is that Murray’s character isn’t monetarily rewarded for his hard work but he thinks the empty promise is more valuable. Now, imagine this. You work for a company. You put in the hours and effort and you’re finally given a chance to be promoted. Then, your boss invites you into his office. Before you know it, he’s offering you a bump in your title, which comes with more responsibilities. But, he goes on to explain there won’t be any raise in pay or benefits. You’ll be paid the same amount and receive the same benefits. You’re just getting a new title that comes with a lot more work. Meet the “dry promotion.” Recent findings indicate that this practice is increasingly common as businesses grapple with financial constraints. According to a survey conducted by compensation expert Pearl Meyer, the percentage of employers choosing to bestow new job titles as a form of reward, rather than monetary compensation, has risen from 8% in 2018 to 13%, as reported by The Wall Street Journal. The Rise of the ‘Dry Promotion’ “Dry promotions” are on the rise for several reasons. One is that companies are looking to control costs and are using promotions without salary increases as a way to reward and retain employees without increasing payroll expenses. This is especially relevant in the current economic climate where businesses are facing cost pressures. Another reason is that some employees may view a promotion, even without a raise, as an opportunity to gain new skills and responsibilities that can enhance their future earnings potential. In this sense, a dry promotion can be seen as an investment in their long-term career growth. However, there are also potential downsides to dry promotions. They can lead to employee dissatisfaction if the additional responsibilities are not accompanied by a corresponding increase in compensation. This can result in retention issues if employees feel undervalued or underpaid. So while dry promotions may be a cost-effective way for companies to reward and retain employees, they need to be managed carefully to ensure they do not have unintended negative consequences. How Small Businesses Can Benefit from Dry Promotions Think about that last point for a moment. Dry promotions require employees to take on more work without being compensated. As a result, employees might feel undervalued and resentful if they’re expected to take on more responsibility without any additional pay. If companies aren’t careful, they might end up losing talented employees who decide to take their skills elsewhere in search of a better paycheck. So, while dry promotions might seem like a win-win situation on the surface, there’s a lot more to consider. It’s a delicate balancing act for companies to keep their employees happy and their bottom lines healthy. So, this also presents an opportunity for small businesses. Small organizations can benefit from larger companies offering dry promotions in several ways: Access to skilled workers. Larger companies often attract top talent due to their brand recognition, resources, and career development opportunities. When these companies offer dry promotions, it means they are giving employees more responsibilities and titles without a corresponding pay increase. This can lead to dissatisfaction among the promoted employees, making them more likely to seek new opportunities elsewhere. Small businesses can then attract these skilled workers by offering competitive salaries, a better work-life balance, or a more supportive work environment. Cost-effective hiring. Hiring new employees can be a costly process for small businesses, as they need to invest in recruitment, training, and onboarding. By attracting employees from larger companies who have received dry promotions, small businesses can reduce these costs. These employees come with experience, skills, and training, which can be a significant advantage for small businesses looking to grow. Increased employee retention. Small businesses can use the opportunity to offer better compensation and benefits packages to the skilled workers they attract from larger companies. This can help increase employee satisfaction and retention, reducing the costs associated with employee turnover. Enhanced company reputation. When small businesses successfully attract skilled workers from larger companies, it can enhance their reputation and attract more customers, clients, and investors. This can lead to increased revenue and growth opportunities for the small business. In addition, small businesses can gain the advantages of improved innovation and competitiveness. Skilled workers from larger companies often bring fresh ideas, industry knowledge, and a diverse set of skills. By integrating these employees into their workforce, small businesses can improve their innovation and competitiveness in the market. 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) 541-1760, or, if you prefer,

How Smart Businesses are Adapting to the Quiet Vacationing Trend

January 2, 2025 No Comments

Last summer, several families skipped the usual bustling theme parks and crowded beaches for a serene cabin tucked away in the mountains.

Groupon Teaches Us These Lessons About Discounts

December 1, 2017 No Comments

Groupon is up in its latest earnings report. About 18 percent and that’s welcome news for the e-commerce discount platform. Headquartered in Chicago, Groupon launched in November 2008. It rose by leaps-and-bounds. That is, until recent years, when it experienced big time losses. In fact, its 2011 Q4 figures revealed a whopping $9.8 million loss. Ironically, that comes about a year after the Wall Street Journal forecasted it to reach $1 billion in sales faster than any other company in history. Today, it’s a different story. And, this business model teaches us all important business lessons about discounts. The Downside of Discounts Big companies aren’t immune to blunders. Right now, McDonald’s is trying a bold new experiment. There’s no guarantee it will work. But, the company won’t know unless it tries. Groupon’s saga tells us much about discounts. For participating businesses, Groupon vouchers do get more customers through the door. But the question to ask is if those same individuals would have patronized the business without a Groupon? Your marketing message plays a huge role in conveying the true value of your products. Even if your prices aren’t the lowest around, emphasizing the added value that customers get from your store, such as any guarantees you offer, personalized service or better-quality merchandise than the competition, can convince shoppers your prices are worth it. —Small Business Trends Additionally, there’s another phenomenon at play. A large majority who use a Groupon do not repatronize a partner business. After all, why pay full fare? Moreover, it does cause customers to seriously think about the value of non-discounted purchases. That starts a cycle. A business partners with Groupon. That business serves more customers during the discount period. Then, visits go back to the previous levels. If it comes at a net cost per ticket, there’s obviously no benefit. So, they do not participate in Groupon discounts again. Product and Service Discount Advantages But, this isn’t always the scenario. Some businesses gain a net plus from working with Groupon. Which means there are some distinct advantages to offering discounts on products and services. Here are the benefits to offering discounts to your customers: Attract more customers. It’s no secret people like deals. So, play to this by offering discounts on key items or services. You’ll attract new customers and this will increase repeat business at the same time. It’s a great way to advertise and to be seen as providing real value. Increase sales. With more new customers and repeat business, you’ll have more sales. If you choose the right discount strategy, you’ll come out ahead and that’s money you can use in different ways. For instance, you can purchase more inventory or put that extra sales money to other uses. Free up space. Discounts can help to free up precious shelf and/or cabinet space. This is a great move for small, independent retailers because it allows them to offload certain things to bring in new products. Bolster reputation. Offer discounts to certain people, like military and first-responders. This shows your business cares and that’s a positive for its reputation. You can do the same with elderly customers or families with small children. Do you offer discounts? If so, what kind and how much? Have you found discounts help or hurt your business? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.