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?

Share on Facebook
Share on Twitter
Share on Linkdin
Share on Pinterest

Related Posts

3 Unconscious Mental Blocks Your Routine Creates that Hold Your Business Back

September 24, 2021 No Comments

Your routine is your frenemy. Let’s repeat this paradoxical reality again. Your daily routine is your frenemy. It’s an often unspoken, difficult truth. Something most of us either ignore or just never think about. Regardless, it is inescapable, because there are two sides to everything. And your daily routine is certainly no exception. What is supposed to be highly advantageous, can also unleash equal disadvantages. So, it’s time to look at this with a curious, open mind. Biggest Daily Routine Benefits Routines obviously have their benefits. Otherwise, we would not institute and follow them at all. For example, keeping you on time and task certainly is a huge advantage. By following a routine, you are much less likely to get distracted and you’ll complete priorities in order of importance. Additionally, a routine helps with the ebb and flow of life. Which is to say, uncomfortable or emergency situations. It’s a fundamental truth that sometimes the greatest barrier to your success is yourself. Not that you don’t try, aren’t talented, or don’t have the resources to succeed–you do. It’s just that a self-limiting mindset can creep into your worldview without you realizing it, keeping the achievement of your goals forever on an unreachable horizon. —Inc.com It’s common advice that when you’re in unfamiliar territory and feel overwhelmed, settle back into your routine. This helps you to relax and look at the bigger picture. Ultimately, it gives you the calming effect of being in control. Moreover, a routine lets you to chart your progress throughout the day. You feel a sense of accomplishment with each line item you cross off your list. 3 Ways Your Routine Sabotages Your Business Although routines are beneficial on one hand, on the other, they can be downright detrimental. We usually don’t see these disadvantages because routines offer a sense of continuity and comfort — to mindsets that can be counterproductive. Here are three unconscious mental blocks that your routines create and hold back your business: You feel satisfied. There’s nothing quite like the feeling of satisfaction. It puts your mind at ease and lets you put your brain on idle. And, that’s the very problem with the mind being satisfied — the satiation is an impediment to wanting and doing more. When you are satisfied, you stop and disengage. Done too often, this is a recipe for stagnation. You’re not as creative. Have you ever noticed those “eureka” moments are now few and far between, or worse yet, absent entirely? When you started your business, you did so with enthusiasm, drive, and purpose. But, you’ve come to a point where you’re not nearly creative as you were in the past. That’s because you’re just following a routine, which means your no longer freeing yourself to think outside of the box. You can’t envision a different future Sure, the future is always uncertain. However, there’s a difference between not knowing and not dreaming. If you hit enough of your goals, you’ll probably stop thinking about reaching new achievements and that is tantamount to not reimagining your possible future. After all, as time goes by, changes occur and the future might actually look completely different than it did before. What other ways do routines undermine your success? Please take a moment to share your thoughts and experiences. Your unique perspective just might help one or several people out! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Read More »

You Don’t have to Meet a Politician to Find a Hypocrite — Your Mirror Might just Reflect One

March 1, 2019 No Comments

Rep. Alexandria Ocasio-Cortez just moved into a luxury apartment in Washington D.C. It doesn’t contain one affordable housing unit. In fact, the complex doesn’t even comply with D.C.’s Affordable Dwelling Units program. This, after campaigning on a platform which included “Safe, affordable, adequate housing for all.” George H.W. Bush infamously said, “Read my lips. No new taxes.” LBJ promised the country not to escalate America’s involvement in the Vietnam War. George W. Bush campaigned, in-part, against excess government spending. Then, expanded several federal programs. How Hypocrisy Hurts Businesses The list goes on and on and on. Bernie Sanders, who rails against wealth inequality, owns three houses, has a net worth of about $2 million, and earns a six-figure salary. You get the idea. And, these are just a handful of politicians. It doesn’t include entrepreneurs, celebrities, professional athletes, and other public figures. As a business owner or manager, it’s important to practice what you preach. If you require employees to be available 24/7 while you’re MIA, or you’re constantly texting on the job while you prohibit employees from using their phones, for example, your hypocritical behavior is sending the wrong message to employees, and they may resent you for it. —Business News Daily Of course, hypocrisy is everywhere. When it occurs in a business environment, it’s very harmful. Hypocrisy undermines your ability to lead. After all, it’s essentially telling your employees to literally do as you say, NOT do as you do. You lose respect. It compromises your standing. Plus, it makes it very difficult for others to even work with you. 3 Key Ways to Avoid Hypocrisy as a Business Leader Hypocrisy is a dangerous trait. It essentially subverts morale and threatens the very viability of a business. It can even go so far as to cause a self-inflicted implosion. So, just how do you avoid being hypocritical? Here are a few helpful suggestions for how to avoid hypocrisy as a business leader: Practice self-awareness. You might call this “practice what you preach.” It’s an obvious reminder but one definitely worth mentioning. Every day, you should stay vigilant and stay self-aware about your own behavior. While it’s not rocket science, it’s quite difficult to put into practice. Be consistent with decisions. It’s almost impossible not to have or even show bias. We all do it in a variety of ways. You might treat team members differently due to your own personal biases. When making decisions, consider all sides of the equation. Actively solicit constructive criticism. It’s always good to encourage feedback from your employees (as well as your customers). And, doing so could reveal hypocrisy you commit but don’t consciously act against. What other advice would you give about avoiding hypocrisy? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Read More »