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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Key Ways To Make Your Business More Transparent

April 17, 2018 No Comments

No matter what business you’re in, you want customers to have faith in your ability to meet their needs every time. That’s at the very core of being successful. The key to creating and fostering trust in customers often comes down to transparency. You want your customers to feel as though your business is an open book, and that they’ll always know what to expect from you. Transparency is something that’s both simple and complicated for businesses to achieve. It’s simple because it’s a matter of living up to the expectations customers have for your business. Yet it’s also complicated because it involves helping to set those expectations that customers have in the first place. Building a more transparent organization involves creating an internal culture that encourages honesty and transparency as well as building stronger relationships with customers. Transparency begins inside your organization, which means leadership must embrace the concept. You can’t expect your employees to embody transparency with your customers if there isn’t a strong culture to promote transparency internally. An effective way to create that culture of transparency is to encourage your employees to communicate with management as well as with one another. You can do this by establishing an open-door policy and giving employees a platform for expressing their thoughts during meetings. When you communicate with your employees, it can be extremely helpful to be clear with your messaging, avoiding corporate jargon and speaking plainly to your employees. Even if the news is bad, your employees likely will appreciate your honesty and internalize the spirit of transparency in their interactions with customers. Key Ways to Make Your Business More Transparent created by Track Your Truck.

Embracing the Pressure: What Small Business Owners Can Learn from “Pressure is a Privilege”

January 16, 2025 No Comments

You’ve probably heard the analogy that running a small business is like walking a tightrope. There’s the thrill of balancing on your own terms, but also the pressure of the long fall looming below. However, it’s precisely this pressure that holds immense value. As tennis legend Billie Jean King once said, “Pressure is a privilege.” This phrase isn’t just an aphorism for sports; it’s a profound lesson that small business owners can embrace to better their companies.

Disney Might Rename Its Studios Park ‘Cinemagine’ — Why That’s Important to You

February 15, 2018 No Comments

A recent news report reveals Disney just might change its studios park name from Disney Hollywood Studios to Cinemagine. It’s one of several choices put out by the entertainment company in a survey. Other names included Beyond Park, Storyverse Park, and Legends Park. But, it appears Cinemagine is the favorite. While a big deal to Disney enthusiasts, it might not strike you as a big deal. It is. Here’s why. A business name plays a pivotal role in marketing. It’s the company’s identity. It also helps to separate it from the competition. So, if you’re considering changing your business name, you should think seriously about a few factors. Steps to Change a Business Name Disney isn’t the only company to go about renaming a product. For instance, Netflix revamped its icon. Dunkin’ Donuts is also in the process of tweaking its name. Now, these examples are important because it’s a really big deal for such recognizable brands. But, for most small businesses, this isn’t as nearly as involved. All you need to do is to change your DBA and consult the IRS’ bulletin “Do I need a new EIN?” One question that small business owners commonly ask is how to change their business name. It’s only natural for a business to grow, evolve or change direction over the course of its lifetime. The name you hatched in the early days may no longer fit your business’ market, activities or brand personality now. The question is: is there an easy way to officially change the business’ name without having to start all over again? —Small Business Trends Then, you can go about changing the LLC or the corporate name. (The procedure will differ from state to state and might also involve the county. So, be sure to learn what is and what isn’t necessary.) How to Know When It’s Time to Change Your Business Name While the step-by-step process isn’t all that difficult, it’s not something you should rush into doing without stopping to consider a few factors. After all, changing your business’ name deals with public perception and more. Here are a few good reasons you should change your business’ name: It’s too complicated. If your business name is long and/or complex, it’s probably time for a change. Names which are difficult to pronounce or are unusually long just cause confusion or waste space. It’s just too generic. If your business name is too plain or it doesn’t convey a message, that is also a strong indication it’s time for a change. Look at your competition and even names from other industries for inspiration. It no longer fits your model. It’s common for a business to start off in one direction and then move into another. Should this be the case and the name no longer fits what you’re doing, it’s only sensible to change your company’s name. There’s no harm to brand equity. This means if people readily recognize the name, it is its own asset. So, you should think carefully about making a change. But, if there is little to no brand equity, a change might be worthwhile. Have you changed your business name? What other factors would you consider important? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.