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 New Business Owners and Startup Entrepreneurs can Deal with Holiday Stress

December 21, 2022 No Comments

Although the holidays are usually fun and enjoyable, they can be a significant source of stress. With so much to do and less time to get everything done, it’s very easy to feel overwhelmed. Stress can be particularly acute for business owners and entrepreneurs during the holiday season and this means being able to recognize the symptoms and cope with them appropriately. Why It’s Very Important to Take Stress Seriously Stress is a natural response to the demands and challenges of life. However, when stress becomes chronic and is not effectively managed, it can have negative effects on both the mind and the body. On the mental level, stress can interfere with concentration and decision-making abilities, leading to reduced productivity and difficulty in problem-solving. It can also cause feelings of anxiety, depression, and irritability. In extreme cases, chronic stress can lead to the development of mental health disorders Ask almost any small business owner about their plans for the holiday season, and there’s about a fifty percent chance they will laugh in your face. December is a notoriously stressful time for business owners, as the combination of wrapping up the end of year finances and projects, creating projections for the year ahead, and showing appropriate gratitude for customers and employees adds up to a heap of extra anxiety. —All Business.com On the physical level, stress can have a wide range of negative effects on the body. It can cause muscle tension, headaches, and digestive issues, as well as weaken the immune system and increase the risk of heart disease and stroke. Stress can also disrupt sleep patterns, leading to fatigue and difficulty in getting a restful night’s sleep. To mitigate the negative effects of stress on the mind and body, it is important to find healthy ways to manage stress, such as exercising, mindfulness practices, and healthy eating. By taking steps to manage stress, individuals can improve their overall physical and mental well-being and live happier and healthier lives. Tips Business Owners and Entrepreneurs can Use to Cope with Holiday Stress The holiday season can be a stressful time for new business owners and startup entrepreneurs. Between trying to meet end-of-year goals, managing a busy schedule, and dealing with the added pressure of holiday expectations, it can be easy to become overwhelmed. Here are five coping strategies that can help new business owners and startup entrepreneurs manage holiday stress: Set boundaries. It’s important to set limits on how much time and energy you dedicate to your business during the holiday season. Set aside specific times for work and make sure to take breaks to rest and recharge. Delegate tasks. Don’t try to do everything yourself. Delegate tasks to your team or consider hiring temporary help to alleviate some of the workload. Practice self-care. Make sure to prioritize your own well-being during the holiday season. This may include exercising, getting enough sleep, eating well, and finding time for activities that bring you joy and relaxation. Seek support. Don’t be afraid to reach out to your network for support and guidance. Surrounding yourself with a supportive community can help you navigate the challenges of the holiday season. Practice mindfulness. Take a few minutes each day to focus on the present moment and practice mindfulness. This can help you feel more centered and better equipped to handle the demands of the holiday season. By implementing these coping strategies, new business owners and startup entrepreneurs can effectively manage holiday stress and maintain their productivity and well-being during this busy time of year. So, what else do you recommend to help entrepreneurs and business owners deal with the stress of the holidays? Please take a few moments to give your own input to help others out during this time of year. Interested in learning more about business? Then just visit Waters Business Consulting Group.

How to Think Clearly when Times are Crazy

May 12, 2020 No Comments

Only a few short months ago, the economy was on fire. Then, a slow moving disaster crept across the globe. Shortly after, the coronavirus pandemic triggered a drastic response. An almost total shutdown ensued. Now, re-openings are happening everywhere. But, the unprecedented reaction upended so much, it’s very difficult to return to normalcy. And, it’s enough to make your head spin. The Real Cost of Rash Decisions Rash decisions typically equal regret. But, it’s not just the let down. It’s also the waste of time and money. We all know this, which is precisely why we instinctively hate making rushed decisions. It’s the reason we take time to understand the circumstances. But, when the pressure is on, it’s difficult to resist in the moment. …we need information and we need help to face our problems. But we can only arrive at the solutions by ourselves. The trick is giving our minds the space they need. —Psychology Today Everyone responds to stress differently. Although, there are most definitely commonalities. Fast heart beat, perspiration, even trembling, are all physical symptoms. Then, there’s the toll it takes on your emotions and it becomes very difficult to think clearly. Effective Ways to Think Clearly So, just how do you clear your head? Most people will take a deep breath (which makes the list below). But, sometimes, that’s not enough. Here are some helpful suggestions for how to think clearly during crazy times: Take a deep breath. Okay, this is an obvious bit of advice. But, it bears repeating because it’s not only simple, but often, effective. Taking a moment to slow down and breath deeply can work wonders. Unfortunately, this isn’t always sufficient. Focus on the problem, not the outcome. While taking a bit of time out might help, it could fall short. If you’re worried about the outcome, that’s perfectly normal. But, if that worry is preventing you from taking any action, then focus on the problem or process and not the potential outcome. Hope for the best, plan for the worst. Of course, it’s always best to plan. So, follow the old adage and plan for the best result while being prepared for the worst case scenario. If you can’t completely sidestep a bad outcome, at least mitigate its impact. Solicit advice from several sources. Two heads are better than one. This not only gives you different points of view, it also helps to take the pressure off and gives you more options. Remember, you don’t always have to make decisions alone. Set the situation aside and work on something else. Another great way to clear your head is to occupy yourself with something else temporarily. You’ll get the satisfaction of completing a task and it gives you time to think a bit outside the box. Meditate and/or Pray. Find a moment to be still. You could do this during your breathing exercise noted above. Calm your mind. Find a moment to listen to your breathing and close your eyes. Now meditate on all you’ve been given and how grateful you are for what you have. Thank God for the challenges and opportunities your dealing with and trust Him for His guidance and wisdom to get you through knowing he works all things for good. What other suggestions do you have for thinking clearly? Please, take a moment to share your thoughts and experiences by commenting and benefiting others! Interested in learning more about business? Then just visit Waters Business Consulting Group.

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.