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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Caught Red-Handed! Our Secret Strategy for Dealing with an Employee Poaching Talent for a Rival

July 31, 2025 No Comments

When a trusted employee starts poaching talent to launch a rival business, it’s a gut punch that tests your leadership and strategy.

Startup Financing Tips You Can Use

November 14, 2017 No Comments

Startup financing is something that’s necessary but not always a welcome prospect. In fact, financing is typically one of the most difficult factors in any venture. It’s because raising money or applying for a loan is an unnerving process. After all, you don’t know what you don’t know. And, it’s that very ignorance which creates even more stress. But, with the right preparation, you can find the right startup financing. Startup Financing Sources Right now, there are good and bad signs in the economy. While tech companies are booming, retail chains are down. Of course, this is the natural cycle of the business world. So, don’t let headlines ruin your business dreams. Instead, focus on possible startup financing sources. Take a good look at what you really need first. If possible, bootstrap it incrementally. In other words, start off as a side gig. …for an entrepreneur starting out, it can be hard to sort through the many funding options available to determine which are most lucrative. While it would be ideal to line a roomful of investors out and let them fight it out for the honor of funding your business, that is often, unfortunately, not the reality. —Forbes.com If you don’t jump into full-time, you can grow it slowly. That means very little startup capital, as well as time. But, if you need to go another route, consider going through the small business administration. Or, take out a small personal loan. Obviously, if you have the cash, use it. Startup Financing Tips You can Use The problem many entrepreneurs encounter with startup financing, is taking a cavalier, shotgun approach. Put another way, they go after funding without a serious plan. And, that’s a recipe for disaster. Just trying to wing it will only invite chaos and confusion. So, here are some helpful startup financing tips you can use: Create a detailed business plan. Speak with an experienced business consultant about drafting a detailed business plan. This will reveal many things you might easily miss. Plus, it’s typically a commercial loan requirement. You need a clear roadmap and demonstrate your ability to monetize your idea. Seek advice from established businesses. Chances are excellent there are already people doing what you want. So, don’t let that be an intimidation or just look at them as the dreaded competition. Instead, seek out their advice and learn. Keep an eye on your personal credit score. If you do apply for a loan, your personal credit file will certainly be a big factor. Order your three credit files from Annual Credit Report.com. Then, go through each carefully to review for errors. Dispute inaccuracies and raise your credit score. Develop a good network with the right people. Networking is an invaluable resource. In fact, you’ll learn quite a lot from others. And, since that knowledge is readily available, there’s no reason not to tap into it. Outline a realistic budget and shop for financing. Finally, set a realistic budget and then shop for funding. Comparison shop and take your time. You’ll come out much better if you do and be thankful for your patience. What other startup financing options can you add to the list? Have you found or know more creative ways to get startup financing? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Considering Setting Up an Employee Profit-Sharing Plan? Here’s What You Need to Know

March 10, 2022 No Comments

When it comes to small businesses, one of the biggest challenges is finding ways to keep employees happy and motivated. This, especially in challenging times such as these, when there’s a labor shortage and even qualified individuals aren’t seeking new opportunities or becoming statistics of the Great Resignation. What’s more, it can be tough to compete with larger businesses when it comes to salary and benefits. One way that small businesses can attract and retain top talent is by setting up an employee profit-sharing plan. In this blog post, we will discuss the pros and cons of employee profit-sharing plans and why they are so beneficial for small businesses. Biggest Concerns Small Business Usually Have about Employee Profit-Sharing Plans There are a few drawbacks to setting up an employee profit-sharing plan as well. Obviously, the biggest concern is the expense. There can be some costs associated with setting up and maintaining a profit-sharing plan. Doing so can be complex. Profit-sharing plans are generally nuanced, and it is important to make sure that they are set up correctly. Otherwise, it could create problems down the road. Moreover, these programs usually include tiers, making them even more difficult to establish in the beginning. A profit-sharing plan, also referred to as a deferred profit-sharing plan, gives employees a share in the profits of the company based on the company’s earnings. Employee profit-sharing plans have distinct advantages, which contribute to a small business’s overall morale and bottom line. —Houston Chronicle Small Business Employee trust is yet another common issue. Employees need to trust that the company is doing well and that their hard work is actually contributing to the company’s success. If there is a lack of trust, employees may be less likely to participate in the profit-sharing plan. In other words, at least some plans require employees to give up part of their immediate compensation (or future earnings). Pros of Employee Profit-Sharing Plans However, though downsides do exist, there are several benefits to setting up an employee profit-sharing plan. Some of the biggest benefits that create win-win situations for employees and businesses alike include: Increased morale and motivation. When employees see that they are benefiting from the company’s success, they will be more motivated to work harder and be a part of the company’s success. Increased productivity. When employees are motivated and feel appreciated, they will be more productive in their work. This boosts overall output and contributes to a healthier bottom line, which likewise contributes to the profit-sharing model. Attracts and retains top talent. Employees want to know that they are valued and that their hard work is being duly rewarded by making the company financially stronger. A profit-sharing plan shows employees that you care about them and want to reward them for their hard work. Overall, setting up an employee profit-sharing plan can be a great way to attract and retain top talent at your small business. While there are some drawbacks, the pros far outweigh the cons. If you are considering setting up a profit-sharing plan, be sure to consult with an accountant or financial advisor to make sure you are doing it correctly. My firm has helped many of our Clients set up profit-share plans that have been very effective in providing incentives for those employees who qualify and contribute to the success of the business profitability. What other advantages and disadvantages would you include? Please share your own thoughts and experiences so others can make a more informed decision. Interested in learning more about business? Then just visit Waters Business Consulting Group.