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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If an Employee Right to Disconnect Law Came to the United States, Would Your Business Be Prepared?

March 15, 2024 No Comments

If an Employee Right to Disconnect Law Came to the United States, Would Your Business Be Prepared? Today’s fast-paced, technology-driven world allows everyone to be constantly connected. While this offers a lot of convenience and greatly bolsters collaboration, it does contribute to disappearing boundaries between work and play. In other words, employers can reach their employees, even when said employees aren’t on the company clock. Enter the concept of an Employee Right to Disconnect Law – a movement that is gaining considerable traction. Right now, it’s mostly in Europe. But what would happen if such a law were to come to the United States? Would your business be prepared for the changes it would bring? Let’s explore the possible implications and how you can ensure that your business is ready. Understanding the Employee Right to Disconnect The Employee Right to Disconnect is a legal concept that aims to protect employees from being obligated to respond to work-related communications outside of their regular working hours. It allows employees to truly disconnect from work and enjoy their personal time without the fear of repercussions. In recent years, several countries have introduced employee right to disconnect laws to address the growing issue of work-life balance in an increasingly connected world. Again, these laws aim to protect employees from being contacted outside of working hours and to ensure that they have the right to disconnect from work-related communication. Currently, France, Portugal, and Australia have an employee right to disconnect law, while Spain, Ireland, Germany, and Italy are considering adopting such a measure. Although there is no federal law in the United States currently in place that guarantees the right to disconnect, some states, such as New York and California, have introduced bills to protect employees from being contacted outside of working hours. So, it’s at least something to be aware of and begin to tentatively plan for. Implications for Businesses If an Employee Right to Disconnect Law were to be implemented in the US, businesses would necessarily need to adapt their policies and practices to comply with the new regulations. This could mean setting clear boundaries for when employees are expected to be available and ensuring that work-related communications are not sent during non-working hours. Is Your Business Prepared? To determine if your business is prepared for an Employee Right to Disconnect Law, ask yourself the following questions: Do we have clear policies in place regarding work-related communications outside of working hours? Are managers and employees trained on the importance of disconnecting from work to maintain a healthy work-life balance? Have we implemented technology solutions that can help limit after-hours work communication? Ensuring Compliance To ensure that your business is ready for an Employee Right to Disconnect Law, consider implementing the following strategies: Establish clear guidelines for work-related communication outside of regular working hours. Provide training to managers and employees on the importance of disconnecting from work. Utilize technology tools that can help automate processes and limit after-hours communication. This means you should be at least tentatively preparing your business for a potential Employee Right to Disconnect Law. By taking proactive steps to establish clear policies and promote a healthy work-life balance, you can ensure that your business is ready for any regulatory changes that may come its way. 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 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.

Guest Post: The Best Advice for Retirees Aiming to Start a New Business

November 7, 2018 No Comments

Written By: Jim McKinley There are many different reasons for starting a new venture after entering retirement. Maybe you want to pursue a business idea you never had a chance to realize before, or maybe you miss putting your knowledge and skills to work. No matter what’s driving you, your first priority needs to be keeping your financial future secure and intact. Check Your Perspective Your first step toward developing a successful business during retirement is developing a realistic fiscal outlook. As Inc. explains, thinking in terms of the financial future is a must. Even if you retired at a young age, are currently economically sound, and are in great health, you need a strategy oriented toward long-term success on all fronts. According to some statistics, nearly a third of all retirees must dedicate 40 percent of their retirement income toward existing debts, and if you have a situation where you’re starting out your business barely making ends meet, you are more apt live with stress and financial struggle instead of making good headway. Examine Debts Acknowledge any debts you have, including your mortgage. If you already owe money to creditors, make it a point to become debt-free as soon as possible. It might be a good time to downsize your home, and you should examine what you have in your retirement savings. Also, take a hard look at your credit report and examine it for any accounts that don’t belong to you, clerical errors such as incorrect dates, or old debts which should be removed. According to ConsumersAdvocate.org, investing in a credit repair service can mean entering into your new business venture with solid financial footing and better peace of mind for your golden years. Solidify Your Plan Once you have a good feel for your financial position, take an earnest look at what you expect to be doing. US News notes the largest part of success for small business owners is making a solid business plan, which includes recognizing an existing need and then finding a way to meet it. Are you offering the right product or service at the right time? Do you already have the abilities to fill that niche, or do you need to invest in special equipment or training? Some retirees turn a hobby into a small business, such as making handyman repairs, landscaping, or selling handcrafted items online. You might decide to be a real estate agent, in which case you should check the requirements where you live. Resources for Funds According to the Muse, if your business idea requires a substantial investment, you might decide to take out a loan or find investors willing to help finance your endeavor. You could reach out to friends and family members through crowdfunding, or connect with specific people you think might be as passionate about your idea as you are. Think about the need you intend to meet as well as who will be impacted and how. Be creative in your outreach, be ready to pitch your idea, and you might be pleasantly surprised at the outcome. Pathways and Exits How long do you plan to work at your new venture? Depending on your objective, you might only intend to work for a set number of years. For instance, some people work until they reach a particular financial goal or a specific age, while others develop their businesses with the intention of passing it along to someone else later. Have a plan in place for how you will later exit your business. Your business’s legal structure can help determine your exit strategy as much as your goals, and certain formats can also help protect your personal finances. You may wish to explore the AARP’s entrepreneurial resources when deciding how to proceed. Taking on a new venture during retirement is a big step. So, weigh your situation carefully to ensure your financial well-being. With some careful planning, you can start a new business without risking your future.