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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Trump Clinton Obama Spying Teach a Great Business Lesson

June 7, 2017 No Comments

If you follow the latest news, you no doubt know there’s a lot of allegations about spying. And, you’ve definitely heard the word “collusion” all-too-many times. It’s post-election politicking at its worst (or best, depending on your perspective). Anonymous sources are spilling the proverbial beans day in and day out. Regardless of your take, all of this does teach a solid business lesson, you just have to look past the ugliness. That lesson is how to protect company secrets, particularly when employees depart. How to Protect Company Secrets after Employees Leave One of the best measures is to get to know all your team members so you can keep them happy. You might learn it’s time to transform your company’s culture or take other steps to improve the environment. The more involved you are with your employees, the better able you are to deal with problems before they arise or before they become overwhelming. This way, if you have a new hire who is willing to share information about a previous employer, you’ll know that’s a possibility when he or she leaves. Ever wonder why generic forms of cola never seem to taste quite like the taste made famous by Coca-Cola brand? Or why nothing quite measures up to the “special sauce” in a McDonald’s Big Mac? It’s not for lack of effort by way of competitors, but instead, a careful product of some of the best-kept industry secrets. While many industries basically work to reproduce the same type of product in different forms, what helps a company distinguish itself from its competitors, gain notoriety, and keep a competitive edge is the little known inner workings that make their products or services stand out from the pack. —Business.com It’s also a great idea to get to know your team members because then you can learn about them as individuals. This is a wonderful way to know what rewards are most appreciated. And, content employees are typically more loyal. On the other hand, employees who are kept at arm’s length tend to be more disgruntled. According to a Ponemon Institute study, 61 percent of unhappy team members steal company information. But there are other steps you can take to protect company secrets, even after employees leave your organization: Set expectations. “It’s better to be safe than sorry,” the old adage warns. And, this is true when it comes to keeping company secrets. You have to ask yourself about what’s most valuable to your business and that’s what needs top priority protection. This starts by setting expectations and keeping employees informed about company confidentiality policies. If necessary, have employees sign non-disclosures so they are less tempted to share secrets. Utilize technology. In today’s modern technological environment, there are plenty of tools at your disposal. Use them to your advantage so there’s less access or blocked access where it’s appropriate. For instance, if you are developing a new tool, salespeople should not have access to the plans but designers should. Put technology to work where needed and that will help to minimize potential risk. Monitor employees. You can also use technology beyond controlling access. Monitoring employees can be a treasure trove and provide much appreciated relief. For example, if a team member is about to leave and is actively interviewing with other companies, monitoring their digital activity might be worthwhile. Cut off access quickly. Although it’s not pleasant to think about, when an employee departs, unless it’s on truly amicable terms, there’s a risk something that could go with them, carried right out the door. So, be sure to terminate access right away to remain safe. How do you keep trade secrets? What steps do you take to protect company secrets? Please share your thoughts and experiences by leaving a comment! Interested in learning more about business? Then just visit Waters Business Consulting Group. [shareaholic app=”follow_buttons” id=”26833294″]

Reconstruction Red Shirts Relay a Valuable Lesson Entrepreneurs Can Still Use Today

October 3, 2024 No Comments

You may not believe it, but the experiences of the Red Shirts during the post-Civil War Reconstruction era provide a powerful lesson for today’s small business owners in recognizing when a cause is futile. Why? Well, the Red Shirts were a paramilitary group that fought against Reconstruction efforts in the South, often with overwhelming odds stacked against them. Their struggle, despite fierce resistance, ultimately failed to stop the sweeping societal changes brought by federal authority. For business owners, this history can highlight the importance of recognizing situations where their efforts are likely to result in little or no success, despite emotional or ideological investment. You see, sometimes, persistence can be misdirected, leading to wasted time, resources, and energy. Instead of relentlessly pursuing a failing strategy, business owners should focus on adaptive strategies, learning when to pivot or walk away from a failing investment. In today’s business environment,, just as with the Red Shirts, recognizing when a fight is unwinnable can prevent further losses. Entrepreneurs should focus on evaluating their goals, assessing market conditions, and knowing when to change direction before a venture becomes unsustainable. Resilience in business does not always mean continuing a doomed effort, but sometimes, recognizing when to change course entirely. Learning from the Red Shirts: When to Quit Let’s recap to get the most out of this analogy. The Red Shirts, a white supremacist paramilitary group active in the American South during the Reconstruction era, faced numerous setbacks and failures in their attempts to suppress black voting and maintain white dominance. While their actions were abhorrent, their experiences can offer valuable lessons for today’s small business owners about recognizing futile situations and knowing when to give up on certain pursuits. This is particularly difficult for entrepreneurs because these self-starting, self-reliant individuals often believe they can make any situation work. With enough determination, grit, positivity, and a willingness to push past obstacles, entrepreneurs can fall into the trap of pursuing futile endeavors. So, it’s super important to recognize when something isn’t worth the time and effort. Identifying Futile Endeavors Lack of support. The Red Shirts struggled to gain widespread support, even among white Southerners. Similarly, small businesses may find it difficult to sustain themselves without adequate customer base or investor backing. Opposition. The Red Shirts faced fierce opposition from both sides, residents of the North, and the South and federal forces. Small businesses may encounter obstacles such as competition, regulatory hurdles, or negative market trends. Limited resources. The Red Shirts often lacked the necessary resources, such as funding and manpower, to achieve their goals. Small businesses may face similar constraints, such as insufficient capital or a shortage of skilled employees. Now, here’s the real kicker. It’s not just about identifying when something is futile, it’s about knowing when to give up. That’s not an easy thing for any entrepreneur to do, but on some occasions, it’s not only entirely necessary but appropriate. Knowing When to Quit Persistent failure. If a business consistently fails to meet its objectives despite repeated efforts, it may be time to reassess the situation. This could involve re-evaluating the business model, target market, or even the viability of the venture. Exhaustion of resources. When a business has exhausted its financial resources or is unable to attract additional funding, it may be necessary to consider closing down. Negative impact. If a business is causing significant stress, financial hardship, or damage to relationships, it may be time to cut losses and move on. Learning from the Past While the Red Shirts’ actions were reprehensible, their experiences can provide valuable insights for small business owners. By recognizing the signs of a futile endeavor and knowing when to quit, entrepreneurs can avoid wasting time, money, and emotional energy on ventures that are not likely to succeed. It’s important to note that giving up on a business can be a difficult decision. However, sometimes it is the most prudent course of action. By learning from the past, small business owners can make informed decisions and increase their chances of long-term success. 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 480-636-1720, or, if you prefer,

Why Too Much Business is Bad for Business

May 24, 2017 No Comments

We all know that a business without much business, that is sales, usually sails slowly into the abyss. In some scenarios, a lack of sales starts a fantastic slide into oblivion quickly, causing the organization to grind to an abrupt halt. Regardless if it’s a slow bleed to death or a rapid demise, the end results are the same. This is what most first-time entrepreneurs know and fear, which is why they put all their resources into an astonishing effort in a race to success. While this scenario is certainly common and there are countless examples of companies wanting to dissolution, there’s another situation which can manifest and cause the same outcome — too much business. Why Too Much Business is Bad for Business Sure, it’s paradoxical, but nonetheless true: too much business, too many sales, is bad for business. It’s a strange phenomenon, but, it can’t be allowed to become a reality. When a business grows too fast, it runs the risk of outpacing its own abilities and that can cause customers to be shortchanged and to outpace the businesses capital resources. That’s nothing short of a disaster waiting to unleash itself, sabotaging a company from the inside. Incremental change rather than big splashy launches? Caution rather than risk? That may not sound like the profile we’ve come to associate with entrepreneurs, but it’s exactly this somewhat paradoxical mix of creativity and innovation combined with restraint, regulation and caution that is driving the next phase of [the country’s] business growth. The culture of prudence that has sometimes led [the country] to be seen as an economic lightweight has, in these tough economic times, proven to be our greatest asset. –Ivey Buiness Journal A company can’t overreach or it will be overwhelmed. We’ve all seen the real world effects when Fortune 500 companies rush a product to market. The Sony Betamax, New Coke, the Apple Newton PDA, and Facebook Home are some of the most high profile product failures. These demonstrate that not every new product will work, and, show that even large companies can make huge marketing mistakes. These major brands, though, can push through such bad experiences because they have the capital, brand recognition, and diversification. For a small to medium-sized business, this usually isn’t the case and there are real dangers in growing a company’s sales too large, too quickly because: Your team members can’t keep-up with the demand. While it’s great to see a steep increase in sales, that means having to meet the demand. If your team isn’t large enough, you’ll probably opt to squeeze more out from each employee. Quality will suffer as a result and when you sacrifice quantity for quality, you’re doing your customers and company a disservice. You rush through the hiring process. Another option you might exercise is to bring on new team members. The problem with this is, in an environment where there’s not enough hands-on-deck, you’ll have to expedite your hiring process. This can easily lead to bringing people on-board without the proper skill-set, attitude, or work ethic. So, you’ll have to suffer the pain of replacing employees and incur the expense of additional training. You need additional tools to sustain output. The tools of the trade are hugely important to providing quality work. When there’s a hurry to get things done, you might not have enough at your disposal. The remedy will probably be impulse purchases and that means heavily risking buyer’s remorse. You can’t effectively manage the company. Every successful business owner knows that it takes time to find and mentor good organizational leaders. This will become unavoidably apparent when there’s too much going on for your personal attention to all the moving parts. Your steep growth strains your cash flow and drains your capital reserves. Most successful business owners recognize the need for capital to start a business, but sometimes fail to realize that more sales requires more capital. Sometimes a business owner believes that more sales brings more revenue and that revenue will capitalize the business growth. Although a business owner can strategically manage the business cash flow and growth with sales to capitalize it, this must be balanced carefully and strategically. Think of the strategy like flying a plane. When a pilot takes off, the plane is on a steep but controlled ascend and then the pilot steadies the climb. If a pilot were to pull back for a steep climb and try to push the throttles and the jet to climb faster than the aircraft was capable, the pilot would burn too much fuel, create too much force and the potential risk of having the plane stall. This is similar with a business owner who pushes too many sales too fast, business runs out of cash and it stalls leaving the business to nose dive. Yet another unpleasant consequence of increasing sales beyond capacity is that you’ll have trouble responding to customer needs. If anyone is going to recognize this shortfall immediately, it will be your customers. This is why incremental growth is a sound policy. It allows you to identify gaps, learn from your small mistakes, and, to adapt at a realistic rate. Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]