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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Waiting for Perfection is a Perfect Recipe for Failure

May 16, 2017 No Comments

We see it all the time–especially in the technology sector–companies pushing out products that aren’t perfect. Bugs, hang-ups, you name it, they exist right inside, and it’s usually weeks, even months, before the fixes come. It happened when Disney first opened its parks, when Apple rolled-out a smartphone with a proprietary map, when this or that company introduced a product with this or that problem. With so much money at-stake, and, the sheer number of consumers waiting with baited breath to get their hands on the latest, it’s little wonder why companies push-out products that aren’t quite ready. The question is about these instances is just why that is a reality? Why is it that mega-corporations, with some of the best talent on the planet, putting out products with bugs? The answer might lie in the quality control, or, it could be just a matter of human limitation–that is, not knowing everything about the product and/or not being able to foresee the future. Waiting for Perfection is a Perfect Recipe for Failure Though large organizations do introduce products that have problems, these are usually minor. However annoying the faults might be, they are not typically too big a deal. It does boggle the mind how it happens, but, it gives us a very good lesson about business: waiting for perfection is a perfect recipe for failure. Chasing perfection can become an addiction that’s unlikely to help your peace of mind or your business. It seems counterintuitive to stop reaching for perfection, especially since we’re often told it’s the only way to achieve success. All the extra time and effort to ensure every aspect of your business is perfect won’t move your company forward, and it’s very likely to drive you crazy. —Forbes Like the nearby quote states, it can be downright unhealthy to chase perfection. The larger lesson, though, is that nothing is ever finished if it isn’t started. We’re talking about ideas, new products and/or services, a new take on something old. Whatever it might be, entrepreneurs can’t wait to get it perfect because the longer it stays inside as a secret, the more opportunity there is for someone else with a similar idea to launch and chase their dream. While you’re waiting to get it 100 percent right, it’s costing you time, effort, and a lot of frustration. Instead of striving for perfection, here’s what you ought to be doing: Place value in feedback. You can always make changes and when people see that you’re not only willing to make them, but also to make other improvements, will come to trust your brand. Understand that you have limitations. Sure, you might be able to get it to work without a hiccup, but that comes at the cost of lost time and revenue. What’s more, you’re putting way too much pressure on yourself and team to demand it be exactly right. Launch in stages, if possible. If you are able to do so, release it in stages and fix along the way. Chances are if you can do it incrementally, you’ll see things that can be changed or improved for the next increment release. While you can wait to make it great, you shouldn’t rush to completion. Sometimes, companies give into the temptation to rush something out, even if it’s completed, just to get it out to sell. When you hurry, you make mistakes and don’t have the time for consideration. Perfection is admirable, but, it means you’ll fail if you keep waiting and waiting to launch. This type of Start up practice; don’t wait for perfection … has been formulated recently into what is called Lean Startup Methodology. Several of my colleagues and I met on this subject and we are planning a work shop for Entrepreneurs in October. As written by Steve Blank in the Harvard Business Review, “…recently an important countervailing force has emerged, one that can make the process of starting a company less risky. It’s a methodology called the “lean start-up,” and it favors experimentation over elaborate planning, customer feedback over intuition, and iterative design over traditional “big design up front” development. Although the methodology is just a few years old, its concepts—such as “minimum viable product” and “pivoting”— have quickly taken root in the start-up world, and business schools have already begun adapting their curricula to teach them.” Take your idea to market and test what the buyer says about it … today! [shareaholic app=”follow_buttons” id=”26833294″]

Is Crazy Creating Chaos in Your Company?

May 5, 2017 No Comments

We all deal with crazy (read: difficult) people in life. They are rude, obnoxious, oblivious, pitiful, without fault, always victims, stir up drama, and what’s worse, don’t know so. You see, the problem with him or her is someone else besides he or she: another coworker, a family member, perhaps even you. As the head of an organization, no matter its size, you’re bound to run into crazy and what’s simply insane is the fact that you let them through the door in the first place. This is just one way business owners and managers rationalize a situation that’s spiraling out of control. “It’s a phase,” or “he or she just needs a little extra motivation.” Though these thoughts might bring a modicum of comfort, it will be short-lived. If you are faced with an employee that’s ultimately doing more harm than good, you’ve got to deal with the situation before it has time to inflict more damage. Ways to Deal with Difficult Employees In most instances, people that behave this way aren’t at all aware of reality. While you and the rest of your team know it, the problem personality probably has a peculiar position. This is a moving or adaptable perception that assigns blame away from him or her. Of course, this makes things worse because he or she won’t be easily convinced as to what’s truly going on. Often, when an employee is difficult we stop paying attention to what’s actually going on. We’re irritated, it seems hopeless, and we’ve already decided what we think about the employee – so we just turn our attention to other things, out of a combination of avoidance and self-protection. But the best managers get very attentive when someone’s not doing well. They know their best shot at improving the situation lies in having the clearest possible understanding of the situation… —Forbes.com The very first thing you ought to do is to take stock of the dynamics. Put yourself in his or her shoes to try and gain some perspective. If that comes up short and doesn’t provide any tangible answers, you now know he or she is the real source of the problem. Fortunately, there are steps you can take to take crazy out of the company: Separate fact from friction. Yes, friction, as well as fiction. Friction between employees can easily lead to you taking sides because of your affinity for one over the other, which is where fiction comes into play. You should act on facts, not feelings, and not because of favorites. Don’t confuse performance with conduct. One rationalization for keeping problematic employees in the company is because of their so-called “redeeming qualities.” While he or she might well possess some great performance traits, it is his or her conduct that’s actually most important. What he or she might be producing individually could well be undermining his or her peers. Take time to listen and offer solutions. Should the person who brings crazy chaos into your company be a productive team member, you ought to try to invoke a turn-around. Go into a private place and ask if he or she is having any problems, then, tactfully offer solutions. If the response is knee-jerk or obtuse, it’s probably time for ultimatums. Lend a helping hand. Not your own, but someone within your organization you trust. This works best peer-to-peer, where coaching captures cooperation. Though this can work wonders, it can also become a tempting choice in the future. Don’t use it as the fallback position or you’ll simply be known for passing difficult personalities out for others to deal with. Ultimately, you are fighting to deal with a situation, not to win by wrangling control away. You want to create a solution, not to win an argument. If you do chose the latter, you are choosing to join in the craziness and even make the environment worse. Also, know when you’re at your limit, as not every situation can be resolved. There will be times when simply parting ways will be the best solution for you and your business. [shareaholic app=”follow_buttons” id=”26833294″]

The Trump Kim Jong Un Summit and Its Most Valuable Lesson

March 13, 2019 No Comments

The world paid close attention to the summit between President Trump and Kim Jong Un. Regardless of its ultimate outcome, there’s a lesson going on every entrepreneur should learn. Namely, how to avoid snakes in business. The Fable of the Scorpion and the Frog They come by different names: charlatans, cheats, hustlers, swindlers, and more. For those who’ve not heard it, the fable of the scorpion and the frog weaves a short, cautionary tale. A scorpion needs to cross a river and asks a frog for a lift. The frog objects, saying the scorpion will sting and kill him. Regardless of their specific methods, con artists typically depend on their abilities to charm, intimidate, and rapidly spin convincing lies. More often than not, con artists are successful because well-meaning staff members accidentally provide crucial information in an attempt to assist them. Ultimately, the best way to protect your business from con artists is to make your team aware that they exist. CEOs and their team members should be constantly vigilant about what they share and with whom. —Forbes.com But, the scorpion points out, if he were to sting the frog, both would drown in the river. The frog reluctantly agrees and midway, the scorpion stings him. The frog asks why and the scorpion replies, “It’s my nature, I’m a scorpion.” How to Avoid Con Artists to Protect Your Business Now, con men cleverly disguise their true natures. They conceal their actual motives and that’s what makes them so difficult to spot. But, there are usually at least one or two (even more) warning signs. Here are a few ways to avoid con artists to protect your business: Listen to your gut. Con men know how to read people — it’s a necessary trait. So, they are careful to convince. Which means, it’s not easy to spot the scheme straight away. But, your gut feeling might be all you need to avoid becoming a victim. Put things into perspective. This is another way of saying, “If it sounds too good to be true, it probably is.” In other words, if you hear something that seems to be too good, put it into perspective. More particularly, place it up against reality. If it’s like trying to hammer a square peg into a round hole, you have your answer. Don’t hesitate to ask around. Shysters need to move on and move quickly before word spreads. While it might not be comfortable, ask around. Do a little digging if you get a funny feeling to see if others had a bad experience. It’s worth your time and effort in the long run. Trust but verify. Along the same lines is to verify. Check out what they’re selling to learn if it’s genuine or just a hustle. With a small amount of sleuthing, you can save yourself a lot of grief. How do you spot charlatans? What additional advice would you give others about avoiding con artists? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Former Employee becomes a Rival Without a Non-Compete Agreement — What Should I Do

Legal Action might Not be the Best Action

How to Deal with an Ex-Employee Who is Now a Competitor

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Waiting for Perfection is a Perfect Recipe for Failure

Is Crazy Creating Chaos in Your Company?

The Trump Kim Jong Un Summit and Its Most Valuable Lesson

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