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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Entrepreneurs, Let’s Talk Frankly About the Dreaded “S” Word

September 19, 2024 No Comments

There are many experiences entrepreneurs will thoroughly enjoy building up a business, but there are also circumstances they anxiously dread. The proverbial roller coaster ride of running a business is something that delivers a plethora of challenges and rewards alike. Still, for all the difficulties, most individuals learn to adapt and successfully transform problems into solutions by making them valuable learning lessons. Although nearly half of all new businesses fail within the first 3 to 5 years, others cannot only persevere but profit and gain an impressive track record that even exceeds their expectations. Some entrepreneurs find themselves far more successful than hoped and enjoy long and fulfilling careers. However, nothing lasts forever and this inevitability can be a very frightening reality for those who are unprepared. These individuals face a very stark set of circumstances, having to come to grips with the fact they cannot run the company forever because every entrepreneur must take on the unenviable challenge of handing the company over. Whether they want to utter the word aloud or not, all business owners must deal with the dreaded “S” word: succession. Business Succession Planning Shouldn’t be So Scary You went into business for yourself and now, it’s thriving. Earnings are up, costs are down, and you’ve got a great team around you, even better, very happy customers. At this point, it feels like everything has finally come together. You made it through the trials and tribulations, and now, you’re feeling financially secure. The future looks right, but then you realize your business won’t always be yours. Maybe you’re lucky enough to have trusted family step up and take your place. But, even family businesses aren’t immune from incompetent or lazy people who you just cannot trust to take the reins. This means crafting a clear and actionable succession plan. Creating a succession plan is crucial for business owners, yet many are apprehensive about actually doing it. So, let’s talk about why it’s important and better yet, how to overcome that hesitation. The Importance of Succession Planning A succession plan is vital for business owners as it guarantees a smooth transfer of leadership and ownership when key figures retire, leave, or pass away. It helps maintain operations without major disruptions, preserves the company’s value, and secures its long-term legacy and stability during transitional periods. Here are the reasons why having a plan in place is critical. First of all, a succession plan greatly aids business continuity. It ensures the company can continue operating smoothly in case of unexpected events like illness, death, or retirement of key leaders. Secondly, a succession plan helps to preserve value. A well-planned transition maintains the business’s value and reputation, protecting stakeholders’ interests. Third, it reduces uncertainty because it provides clarity for employees, clients, and partners about the company’s future direction. Additionally, a meaningful succession plan facilitates strategic planning by encouraging long-term thinking about the company’s goals and leadership needs. What’s more, having a well-thought-out succession plan minimizes conflicts. This is due to the fact that clearly defined succession plans can prevent disputes among potential successors or family members. 7 Effective Ways to Overcome Your Apprehension As you know, running a business isn’t just about managing employees or keeping customers happy. Often, the challenges are more personal. Many business owners find themselves sacrificing valuable family time, personal hobbies, and social activities in order to grow and sustain their company. One of the most feared challenges is handing the company over to another person to run it. This can easily lead to unnecessary and perhaps damage-inducing procrastination. While apprehension about such scenarios is natural, it’s important to take control and get over your fear by taking the following steps: Start early. Begin planning well before you intend to step down. This removes immediate pressure and allows time for careful consideration. Break it down. Tackle the process in smaller steps rather than trying to create a comprehensive plan all at once. Seek professional advice. Consult with lawyers, accountants, and business advisors who can guide you through the process and address specific concerns. An experienced business coach is an invaluable resource in these situations. Involve key stakeholders. Engage trusted employees, family members, or partners in discussions to gain different perspectives and build support. Focus on opportunities. View succession planning as a chance to secure your legacy and ensure the business thrives beyond your tenure. Also, educate yourself. Learn about successful succession stories in your industry to gain insights and inspiration. Consider multiple scenarios. Develop plans for various situations (e.g., planned retirement, unexpected illness) to feel more prepared for different outcomes. Regularly review and update. Treat the succession plan as a living document that evolves with your business, reducing the pressure to create a “perfect” plan immediately. (Be sure to periodically review and update your plan as needed so it accurately reflects the current situation and is viable for near-future use.) By taking steps to overcome apprehension, business owners can better secure their company’s future and their legacy. Although doing so may create anxiety and uncover some unpleasant realities, this is absolutely necessary to maintain the health and integrity of the company. 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, send us an email. You can also visit us at Waters Business Consulting Group to learn more about us and the services we offer.

The Valuable Business Lessons of 1873, 1893, Mars Music, and Tomorrow

October 17, 2024 No Comments

Back in the late nineteenth century, America experienced an incredible economic boom. With the Civil War long over and people moving west, the country enjoyed a boom cycle that lasted nearly a decade. Ironically, this good fortune would sour and become the direct cause of a national crisis. Throughout history, the business world has been marked by cycles of boom and bust, often fueled by ambition and the allure of rapid growth. The economic panics of 1873 and 1893, along with the rise and fall of companies like Mars Music over a century later, offer valuable lessons for entrepreneurs and businesses today. Although separated by decades, these historical events share a common thread: the dangers of hasty, unchecked overexpansion. So, let’s take a long look at these pivotal moments, exploring how aggressive growth without a solid foundation can lead to catastrophic outcomes and what modern businesses can learn to avoid similar pitfalls in the future. The Commonality Between the Panics of 1873 and 1893 and the Collapse of Mars Music While the Panic of 1873, the Panic of 1893, and the collapse of retailer Mars Music occurred in vastly different historical contexts and economic climates, they share a fundamental commonality: hurried overexpansion and excessive debt. Both panics were triggered by overindulgent speculation and unsustainable debt levels in various sectors of the economy. In 1873, it was primarily in railroads and manufacturing, while in 1893, it was in railroads, silver mining, and other industries. Approximately 109 years later, while not on the same scale as the panics, Mars Music’s collapse was also driven by overexpansion and excessive debt. The retailer opened new stores at too rapid a pace, leading to high operating costs and a strain on its financial resources. Regardless of the specific causes, the consequences of these events were remarkably similar because they all share a common thread: the negative impact of financial instability and economic downturns. These crises highlight the importance of prudent financial management, risk assessment, and adaptability in the face of changing economic conditions. Slow and Steady Wins the Race: How Businesses Can Grow Sustainably Without Over-Expanding The rush to grow can feel like a race. Every entrepreneur wants to expand, bring in more profits, and become a household name. But, just like in any race, sprinting too fast can lead to serious missteps. So, how can businesses avoid over-expansion and ensure they grow at a healthy, sustainable rate? Well, there are some things you can do to avoid making such mistakes: Understanding the dangers of over-expansion. Let’s begin with a simple exercise. Imagine trying to walk on a tightrope while juggling. It’s tough, right? That’s what over-expansion feels like. Businesses that push too hard to grow often spread themselves too thin, losing focus on what made them successful in the first place. This can lead to lower-quality products, unhappy customers, and ultimately, shrinking profits. Set clear and achievable goals. Goal-setting is comparable to having a roadmap for your journey. Without clear directions, you might find yourself going in circles or heading off a cliff. By setting specific, measurable, and realistic goals, businesses can focus on growth steps that truly make sense. For instance, instead of thinking about opening ten stores at once, aim for one or two first. Get those right, and expand from there. Know your market inside and out. Think of your market as an ocean. If you don’t understand the tides, you’re likely to capsize your boat. Businesses need to research their target audience, understand their needs, and know the competition. This knowledge helps in making smart decisions, such as when and where to expand. By keeping a close eye on market conditions, businesses can spot opportunities without taking unnecessary risks. Focus on quality over quantity. In the race to grow, it’s easy to get excited about numbers. But remember, a small number of happy customers is far better than a big number of unhappy ones. Businesses can build a loyal customer base by focusing on creating high-quality products or services. Satisfied customers tend to return and spread the word, leading to organic growth that doesn’t come with the pitfalls of over-expansion. Keep a close eye on finances. Just as a gardener checks the soil before planting seeds, business owners should keep track of their financial health. Understanding cash flow, expenses, and profit margins can prevent a business from becoming overgrown and unmanageable. By monitoring finances regularly, companies can decide when it’s the right time to invest in growth and when it’s best to hold back. Invest in employee development. Think of employees as the roots of a mighty tree. Without strong roots, the tree can’t grow tall and wide. Investing in training and development keeps employees engaged and productive. Happy, skilled employees lead to better customer service and improved products, strengthening the business from the inside out. When the foundation is solid, the possibility for expansion becomes much easier to handle. Embrace innovation gradually. Innovation is akin to adding spice to a dish: too much can ruin the flavor. Businesses should embrace new ideas, but it’s essential to do this gradually. For instance, before launching an entirely new product line, consider introducing an improved version of an existing one. This allows businesses to gauge customer reaction and make adjustments without risking it all on a big gamble. Last but not least, continually cultivate customer relationships by building strong relationships with customers. It’s all about nurturing connections that promote loyalty. Engaging with customers through feedback loops, surveys, and social media can provide insights into what they love and what needs improvement. This dialogue can guide businesses to grow wisely, responding to customer needs rather than assuming what they want. The Path to Sustainable Growth In the end, sustainable growth is all about balance. Just as a well-fed plant needs regular care, businesses thrive with careful attention and planning. By setting achievable goals, knowing the market, focusing on quality, keeping finances in check, investing in employees, innovating wisely, and nurturing customer relationships,

5 New Product Rules Every Entrepreneur Should Know

May 24, 2017 No Comments

Consumers are truly creatures of habit. In fact, the average family purchases the same 150 products again and again, which accounts for a whopping 85 percent of all needs, according to a study conducted by Harvard Business School. Of course, that means when a new product appears on the market, its got to somehow work its way into those recurring purchases. It’s no secret that consumers are quite brand-loyal, so, this presents an even larger challenge. When you stop to consider your own purchasing habits, you begin to realize just how loyal you are to certain brands. Carving out market share is difficult enough, but, even more so when a product comes from an unknown or relatively new source. 5 New Product Rules every Entrepreneur should Know There are some 250,000 new product launches globally on average, per year. Obviously, very few make it past the first couple of years, as clearly evidenced by the nearby quote. What’s more, companies often fail to recoup development costs. In the grocery industry alone, the failure rate is even higher, ranging from 70 percent to 80 percent, according to research done at the University of Toronto. …the fact remains that the success rates of new product introductions and innovations have improved little over the last 20 years. Booz & Company reports 66 percent of new products fail within two years, and Doblin Group says a startling 96 percent of all innovations fail to return their cost of capital. —Fast Company For small-sized American food businesses, the success rate is even more sparse, coming-in at just 11 percent, which regulates an eye-popping 89 percent to failure. The top culprits of failure are poor product quality and design, but overestimating demand, bad pricing and timing, as well as incorrect positioning also make the list. The statistics go on and on when it comes to new product failure, so, it’s important to know what makes products get past their introduction to the public and sell. Here are five new product rules every entrepreneur should know and follow: It must have at least one solid advantage. There are several advantages a product can have and among the most persuasive are value for the money, prestige, effectiveness, convenience, and high-quality. If you look over this list again, you’ll find at the heart of all these is providing for want and need. For instance, the iPhone revolutionized the mobile phone industry — it fulfills a need, is a high-quality product, and provides many conveniences. The product must fit into consumers’ routines. If a product won’t easily fit into consumers’ routines, it won’t sell on the market. A product must be able to accommodate buyers’ routines because, as mentioned above, people are creatures of habit. Some products are able to break this rule, but these are few and far between. It’s got to work right out-of-the-box. American consumers love convenience, and, are very annoyed when a new product proves to be anything but convenient. Most people cringe at the phrase “some assembly required,” because of past experiences. Make a product that works right out-of-the-box and it has a much better chance of success. The benefits should be obvious to consumers. When consumers can readily identify the benefits of a product, they are more likely to buy it. Stop to consider the last time you were shopping for a specific type of item and compared brands. It’s highly probable you purchased the one you could easily spot its benefits. It can be given away for nothing (or part of a promotion). The Clorox company began marketing its first cleaning products to businesses and this approach failed. However, one owner’s wife saw that it had marvelous residential use potential. She gave small bottles of it away and soon after, sales skyrocketed. When consumers are given the opportunity to “test drive” products for free or at a low cost, they are more apt to purchasing it again and again. Though these elements will all increase the chance of success for a new product, it’s important to understand the market and to have an executable plan to be successful. We have several Clients that have new and innovative products that are succeeding because they have followed these five rules. Let us know your new product ideas and make certain yours meets these five new product rules. Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]