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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How to Transition from a Self-Employed Job to an Actual Business

September 24, 2020 No Comments

There’s a really big difference between owning your own job and owning a business. we’ve touched on this subject before, and how to tell one from another. But if you’re in this situation (read: predicament), You’re probably wondering how to transition or more particularly, transform, your self-employed job into a full-fledged business. it’s not necessarily a simple process, but it’s definitely not impossible, in the vast majority of cases. With the right advice, and a bit of vision and perseverance, you can make the transition from a self-employed gig to an actual business. The Difference between “Owning” Your Own Job and Owning a Business If you’re reading this article, chances are excellent that you are in a particular set of circumstances. That is, you don’t work for an established corporate entity, but do work for yourself. However, you’re a one person show. You do it all. Everything is up to you. Most Americans love the idea of starting their own business and being their own boss. Who wouldn’t? If you already have the skills to deliver the product or service to customers, why would you not set out on your own? The sad truth is that most business owners in today’s world do not actually own their own business — their business owns them. They never learn how to create business models capable of producing both time and financial freedom. —Forbes It’s you who is responsible for the productivity, the customer service, the back office stuff, marketing, and everything that goes into making it possible. But, you don’t have any employees, or contractors, or only occasionally rely on others to pick up when you simply can’t do it on your own. In other words, if you’re not working, you’re not earning. However, if you can leave the operation to others, and are not the soul producer, then you own a business. This represents the key distinctions between the two. How to Transition from a Self-Employed Job to an Actual Business Now, given those very stark differences, how exactly do you transform your self-employed job into a real business? Basically, you’ll have to change and break a number of routines and habits. Here’s some helpful steps you can take to make the transformation happen: Envision what you would like the business to eventually be. This is something that you’ll have to constantly revisit in order to make your dream come true. Even if you hire someone part-time, or get to a position where you have more than one full-time employee, you must always think about the next step up. Expand your team. Okay, This sounds blatantly obvious, but it’s something that too many people in this position get hung up on for way too long. They might occasionally rely on a freelance contractor, or even higher on one or more part-time or full-time employees. But, they’re always focused on productivity, rather than actually expanding the business with marketing, networking, and more. Instead, bring in one person to contribute to the work at hand. Then, bring on someone else to help with the administrative side. You can repeat this process a couple or few more times to really build up a fully legitimate business. How to Cash Flow Expansion. One of the greatest challenges for solo business operators, is to ensure they sufficient cash reserves and cash flow to capitalize their expansion. Consequently, they simply accept their current status and don’t take on the risk to expand. Frankly, your risk of starting your business was much greater than expanding! This will help; Forecast or Budget what you estimate you will need in terms of capital to cash flow the next 6 months of expansion (new hires, added marketing, etc.), until the sales increase sufficiently to offset your increased cost of hiring support. Then, the key is to offload your responsibilities that can be done by someone else, and only take on those responsibilities that brings in revenue and the highest value to your expanding business. What other suggestions do you have to truly transform a one-person gig into a legitimate business? 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.

How to Set Performance Baselines for Quarterly Employee Evaluations for the Year Ahead

January 3, 2024 No Comments

How to Set Performance Baselines for Quarterly Employee Evaluations for the Year Ahead We all know the drill: the calendar year flips, dreams are dreamt, and then you’re face-to-face with the annual performance review behemoth. And while quarterly check-ins might feel like another item on the ever-growing to-do list, they’re actually your secret weapon for keeping everyone – you and your team – motivated, on track, and slaying those business goals. But the key to making these quarterly chats sing? Setting clear, impactful baselines that guide the way. Setting Realistic Expectations but With Confidence Let’s ditch the dry performance review templates and talk real – real goals, real progress, and real conversations that ignite your team’s potential. Buckle up, friends, because we’re diving deep into the world of crafting practical and persuasive baselines for your quarterly employee evaluations, all with a healthy dose of small business swagger. Now, let’s get into the nitty gritty and go step-by-step on how to set performance baselines for quarterly employee evaluations: Step 1: Big Picture Vision, Microscopic Focus Before we zoom in on individual roles, let’s paint the bigger picture. Where do you see your business soaring this year? Define your key company goals, the ones that make your entrepreneurial heart skip a beat. Think of increased revenue, expanded product lines, or dominating that local market share. Get specific, dream big, and write these down – they’ll be your North Star throughout the year. Step 2: Deconstructing Dreams into Doable Deeds Now, let’s break down those dreamy company goals into bite-sized chunks for each quarter. Think of them as the stepping stones on your path to success. What measurable milestones need to be reached each quarter for your vision to unfold? And, as always, be SMART about it – Specific, Measurable, Achievable, Relevant, and Time-bound. Don’t overwhelm your team with a Mount Everest of tasks; focus on the key metrics that drive progress. Step 3: Mapping Personal Paths to Collective Triumph Here’s where the magic happens! Align individual roles with those quarterly company goals. What specific contributions can each team member make to hit those milestones? Tailor these individual baselines to each role’s strengths and responsibilities. Think sales targets for your star hustler, conversion rate improvements for your marketing whiz, and customer satisfaction benchmarks for your service champion. Remember, these baselines should be challenging yet achievable, sparking that “I got this!” feeling in your team. Step 4: Metrics that Matter (and Don’t) Numbers talk, but not all those figures sing. Choose metrics that truly reflect individual and collective progress toward your goals. Sales figures are great, but what about customer retention rates or lead generation efforts? Don’t get bogged down in vanity metrics that look good on paper but don’t tell the whole story. Focus on the data that drives actual impact and motivates your team to go the extra mile. Step 5: Communication is King (or Queen, or Both!) Open and honest communication is the engine that fuels high-performing teams. Share your company goals and individual baselines with your team in a clear, transparent way. Get them involved in the process, gather their feedback, and make sure everyone feels like they’re rowing in the same direction. Remember, these baselines aren’t meant to be shackles, but stepping stones – a roadmap for collaborative success. Step 6: Check-Ins, Tweaks, and Cheers! Quarterly reviews aren’t just about checking boxes; they’re opportunities for growth, celebration, and course correction. Use these check-ins to gauge progress, adjust baselines if needed, and offer actionable feedback that empowers your team to reach their full potential. And don’t forget the high fives and virtual confetti showers! Recognizing achievements motivates continued excellence and keeps the fire burning bright. How It All Wraps Up Setting quarterly baselines takes effort, yes, but the rewards are immense. You’ll see increased employee engagement, boosted morale, and a laser-sharp focus on achieving your shared vision. So, ditch the performance review dread and embrace these baselines as the springboard to your small business success story. Remember, you’ve got this – and your awesome team by your side! 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? Let’s solve your biggest challenge – right now! We invite you to a FREE 30-minute consulting session where you can describe your biggest business challenge and we will then gladly share our 150 years of combined business experience solving that challenge. We have worked with hundreds of clients with challenges just like yours. 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 Successful Entrepreneurs Stay Calm Under Pressure

May 16, 2017 No Comments

There’s one thing that’s certain about starting and running a business, there will be challenges. Some are mere annoyances, while others are minor and easily dealt with, then, there are times when it seems the earth moves. It can happen in the blink of an eye, a simple error demonstrating much to your chagrin the butterfly effect. One tiny mistake or misstep makes a larger-than-life impact, and, your team looks to you to deal with the situation. We are told our whole lives that when faced with a challenge to remain calm. While it’s easy to do so as an exercise, things get a lot more complicated in real time. It starts with a stark realization, your heart drops into yours stomach, and, you begin to look desperately for answers. For most of us, that’s a normal reaction, however, for successful entrepreneurs, there’s a different approach. How Successful Entrepreneurs Stay Calm You’re not alone if you believe that stressful situations wreak havoc on lives and cause physical damage, particularly because it’s backed by science. Dr. Travis Bradberry helped to conduct a research study on more than one million people. As the nearby quote states, the analysis revealed that a whopping 90 percent of those categorized as top performers were able to stay calm, manage their emotions, and remain in control. The ability to manage your emotions and remain calm under pressure has a direct link to your performance. TalentSmart has conducted research with more than a million people, and we’ve found that 90% of top performers are skilled at managing their emotions in times of stress in order to remain calm and in control. —Forbes What this teaches us is that people learn to deal with stress, and other neuroscience research has found this to be true. One of the secrets revealed is that staying calm and under control is not an inborn trait. In fact, we also know this because of our instinctive fight-or-flight response–both can make a bad situation a whole lot worse. So, how is it that successful entrepreneurs stay calm under pressure? Well, they do these things: They take a breath and step back. Okay, we all know to do this, but, how many of us actually practice it? Too often, we let our gut instinct fly, which in most instances, isn’t a path to solve the problem but exacerbate the situation. Taking a deep breath allows you to breathe, in other words, calm your nerves, and your brain. They solicit and seriously entertain ideas. Look to some of the most successful people in business, and, you’ll definitely find a common trait: trust. We’re not talking about self-confidence, but trusting in others, or, put another way, giving serious consideration to the ideas and suggestions of other people. Behind every successful business person, there’s a team of people they trust and rely on for advice. They think carefully but don’t fret the outcome. Rather than focus on the moment and allowing it to become an exercise in fear and doubt, look to the future. While what you face might be heart pounding at the moment, it’s quite helpful to see the good that will come from it. Fear produces poor decisions but hope gives you options and a sense of peace. They stand by their beliefs and principles. When confronted with a problem, rather than give into the pressure, successful people choose to stand by their beliefs and not compromise their principles. While this might cause a setback, it serves a higher purpose and makes a statement. They relabel their emotions. Though not easy, this is very helpful. Instead of giving into fear, reroute the feeling into anticipation. You can turn frustration into desire, and transform dread into wise caution. It takes practice to do these things, but becomes more natural over time. That’s a good thing, because you’ll learn a lot on your journey and different constructive coping mechanisms that produce real results. [shareaholic app=”follow_buttons” id=”26833294″]

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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Related Posts

How to Transition from a Self-Employed Job to an Actual Business

How to Set Performance Baselines for Quarterly Employee Evaluations for the Year Ahead

How Successful Entrepreneurs Stay Calm Under Pressure

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