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.

Like this article?

How To Quickly – But Smartly – Fill a Very Sudden and Unexpected Vacancy in a Key Position in Your Small Business

December 13, 2023 No Comments

How To Quickly – But Smartly – Fill a Very Sudden and Unexpected Vacancy in a Key Position in Your Small Business Ever been hit with the unexpected departure of a key team member, leaving a crucial role vacant? It’s unnerving and quite unpleasant. But, don’t panic. There are effective strategies for dealing with this very situation. Well, you’ve found the right place to get the advice you’re seeking. In this article, we’ll explain the art of filling a vacancy rapidly – but strategically. So, let’s transform this challenge into an opportunity for growth with a playbook that ensures your business sails smoothly through uncharted waters. How Small Business Owners Can Fill a Vacancy in an Important Employee Role You know that sinking feeling. The email arrives or the text chimes and suddenly you’re staring at a gaping hole in your team – a vital position vacated without warning. Your brain screams, “Oh no!” Breathe and step back. We’ve all been there. But here’s the good news: filling an unexpected vacancy (especially in a small business where everyone wears multiple hats), doesn’t have to be a disaster. With a sprinkle of MacGyver ingenuity and these battle-tested strategies, you’ll not only plug that gap, but you might even emerge stronger on the other side. Step 1: Triage Time – Assess the Damage and Your Options Before you launch into a hiring frenzy, take a moment to assess the situation. What’s the critical function of this role? What are the immediate needs, both short-term and long-term? Can existing team members temporarily cover essential tasks, or is a full-blown replacement a must? Remember, you’re not just filling a job description; you’re patching a leak in your ship. Prioritize tasks that keep the boat afloat, delegate where possible, and resist the urge to overthink things. Step 2: Forget the Perfect Fit, Embrace the Quick Fix Casting a wide net and hoping for the “unicorn candidate” might not fly right now. Instead, embrace flexibility. Consider internal talent – that design whiz who secretly loves spreadsheets, or the customer service rep with a developer’s mind. Could upskilling or cross-training bridge the gap? Think outside the traditional “employee” box too. Could a freelancer, consultant, or even a temp agency be the right way to go as a short-term fix? Feel free to get creative and mix-and-match solutions to find the right puzzle piece for this immediate need. Step 3: From Panic to Process – The Art of the Speedy Hire Even with a “MacGyver approach,” you still need some structure. Here’s how to turbocharge your hiring process without sacrificing quality: Crystallize your ideal candidate. What skills and experience are non-negotiable, and what can be learned on the fly? Craft a concise yet compelling job description highlighting the immediate need and your company culture. Tap into your network. Emergency situations necessarily call for emergency measures. Reach out to your trusted network – colleagues, mentors, even former employees – and spread the word. You might be surprised at the hidden gems lurking just outside your usual talent pool. Master the “interview-a-thon.” Time is of the essence, so ditch the five-round interview marathon. Utilize video calls, skills assessments, and even a good old-fashioned phone chat to quickly gauge potential. Look for passion, adaptability, and a willingness to jump in headfirst – those are the qualities that will get you through this storm. Step 4: Remember, You’re Not Drowning, You’re Surfing – Embrace the Learning Curve and Lean on Your Team Filling a sudden vacancy is stressful, but you don’t have to go it alone. Your team is your anchor, your support system. Delegate tasks, ask for feedback, and foster a spirit of collaboration. This is a chance to solidify your team’s resilience and discover hidden strengths. And hey, if things don’t go according to plan at first? Don’t beat yourself up. This is a learning experience. Adapt, adjust, and keep moving forward. You’ve got the grit, the ingenuity, and the metaphorical duct tape to get through this. Stay Calm and Take Stock of the Long-Term Journey So, the next time the talent void opens, remember – it’s not the end, it’s just a detour. With a clear head, a dash of creativity, and the unwavering support of your team, you’ll not only weather the storm but emerge stronger on the other side. Now, go out there and show that unexpected vacancy who’s boss! Do you want your company to grow faster and earn more while you spend more time with your family, which is why you started your business in the first place? 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.

Entrepreneurs Can Use These 5 Tricks to Fight Drowsy Days

September 14, 2017 No Comments

Everyone pushes through drowsy days. In fact, a study by the Centers for Disease Control and Prevention reveals 35 percent of adults ages 18 through 60 do not get the recommended 7 hours per night. That leads to a perpetual sense of tiredness. And, if this affects you, you know full well it’s not good for your productivity. But, if you’re unable to get a decent night’s sleep, you’ll need ways to cope to get through the workday. 5 Ways to Beat Drowsy Workdays There’s a lot you can stop doing to be successful in business. When it comes to sleep, you can also stop doing a few things. First and foremost, give yourself some tech-free time in the evening, particularly before you go to bed. About an hour before you go to sleep, turn off or silence your phone, tablet, laptop, desktop, and other devices. Also, get in a routine. Go to bed and wake up at the same time. We live in a fast-paced world where everything is quicker and more urgent. In leadership, in business, and in life, it seems we’re always behind: It needed to be done yesterday! It needs to be done now! Why isn’t it already done? Our days are hectic and our nights are busy. We constantly have to be on and available. Unsurprisingly, the side effects of this constant rush include an epidemic of fatigue. —Inc.com When you’re an entrepreneur, you work long, hard hours. And, it’s not easy to just relax and unwind at night when you have so much idle time. It’s natural to mull over the day and to plan ahead for tomorrow. But, you need a good night’s rest to be your best. However, you can’t let go and toss and turn through the night. Now, that familiar mid-afternoon 3 o’clock yawn grips you. What do you do? You need to make a good impression when you have a face-to-face meeting. Even if it’s just another day, without a big agenda, you might still need to fight fatigue. Here are a few helpful suggestions for beating those drowsy workdays: Leave your workspace. Being in the same environment for hours can easily lead to boredom (especially if you’re already tired). So, do yourself a favor and get outside. A walk around the block. A trip to the nearest mall for some quick window shopping. Just get out of the office for 15 or 20 minutes. Have a quick, healthy snack. Fruits, vegetables, and nuts are excellent sources of nutrition. And, some even help perk up your blood sugar levels. That’s enough to give you some more energy. It’s also a great way to counteract the effects of a big lunch that bogs you down. Do a little exercise. You don’t necessarily have to go outside to reinvigorate yourself (although it does really help). You can exercise right in your workspace. Do a few stretches and follow-up with some simple calisthenics. Tackle a few no-brainers. Tiredness can also be made worse by staying on a difficult task. One solution is to go with a few mundane chores. Take out the trash, clean the kitchen, organize your desk, anything that doesn’t require a lot of concentration will do the trick. Play some music. It’s a well-known fact that music stimulates the brain. And, it also impacts the body itself. So, put on some of your favorite tunes and get into the rhythm. Your attitude will quickly improve and you’ll feel reinvigorated. What do you do to power your way through a drowsy afternoon? What methods allow you to cope the best? Please share your thoughts and experiences by leaving a comment! Interested in learning more about business? Then just visit Waters Business Consulting Group. [shareaholic app=”follow_buttons” id=”26833294″]

Why a Recession Spells O-p-p-o-r-t-u-n-i-t-y for Successful Entrepreneurs

August 16, 2022 No Comments

As every savvy business owner knows, their company is not only subject to seasonality in at least some industries, but it can also be positively or negatively impacted by the overall national economic landscape and more particularly, the macroeconomy of their local community. So, there are cycles, or ups and downs, which more or less can be predicted. However, these factors don’t necessarily dictate every aspect of how they operate their businesses during good or bad times. Entrepreneurs still have quite a bit of say and it’s essential to understand that business owners are not totally helpless in uncertain times. The smartest and boldest entrepreneurs know and understand this, which is why they use recessionary periods to their advantage. One of the biggest debates in the business world really centers around individual personalities. In other words, two business owners in the same industry competing for the same consumer dollars might react in two totally different ways. When inflation spikes, interest rates go up, and consumers pull back their spending, one entrepreneur might also decide to pull back and scale down. This is not the time for inertia and despair or running around like the proverbial scaredy-cat. Instead of dwelling on the negatives as so many others do, realize that their preoccupation gives you a chance to one-up them. In fact, to be really contrarian about it, think of this catastrophe as a gift. The gift of challenges and opportunities. Challenges are what make business so exciting. Now’s the time to look for new, sustainable opportunities to grow your business and make it stronger. —Inc.com Meanwhile, the other business owner looks at this as an opportunity. Although consumers may be pulling back a bit, it doesn’t mean they can totally go without the goods and services they need. And, seeing that one of his chief competitors has decided to play it safe means there is a serious opportunity to be had for the bold entrepreneur. How Successful Entrepreneurs Turn a Recession into Opportunity Unfortunately, as stated above, this really depends on personality or more particularly mindset. Entrepreneurs who play it safe and try to ride out economic downturns will probably survive and even grow when things turn around. But, those people who played it safe might see a competitor grab up more market share because that rival decided to do the opposite. Here are some of the ways savvy business owners can take advantage of a recession: Increase advertising. The companies who continue to market their businesses aggressively will practically always reap the rewards and gain a return on investment. While others cut back on their advertising, entrepreneurs who are bolder and continue or increase their advertising put themselves in a stronger position in the marketplace. Buy out competition. This is something that happens regularly in certain professions, for instance, financial advisors. When one individual retires or a firm is winding down its operations, buying a book of business is quite common. Think about doing the same in your industry and how that could benefit your company in the long term. Streamline operations strategically. It’s not all just about going bigger, it’s also about being smart about how you’re running your business. Take some time to review your logistics and budget to see where you can streamline things to cut expenses while maximizing revenue. What other suggestions do you have? Please take a moment to share your thoughts and experiences so others can learn from you! Interested in learning more about business? Then just visit Waters Business Consulting Group.