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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Ways to Deal with Employee Theft

May 24, 2017 No Comments

One of the most unappealing things about managing a workplace is having to deal with ugly situations. Employee theft, or, internal theft is perhaps the single worst scenario to encounter because often times, you won’t know the extent of it, at least, right away. This behavior can take shape in a number of ways, including fudging clock-in and clock-out times, taking supplies without permission, or, even stealing money. While the latter might get your heightened attention, it’s the more subtle that can go on for much longer periods and cost more in losses. Ways to Deal with Employee Theft Make no mistake about it, internal theft is a huge problem in the United States. However, it is difficult to gauge because so much of it goes unreported due to embarrassed or recalcitrant employers. The average estimate ranges widely from $20 to $50 billion per year, with Fortune reporting in the retail sector alone, a whopping $32 billion was lost in 2014, with an amazing 34.5 percent of that being attributed to employee theft. Only shoplifting outpaced it, accounting for 38 percent. Whether it’s downloading and sharing company confidential information (a hot topic these days), manipulating expense reports, or stealing merchandise- employee theft and fraud is a serious issue for business owners. In fact, studies show that occupational fraud now results in the loss of five percent of an organization’s annual revenue. —U.S. Small Business Administration While it’s an unpleasant experience to-be-sure, it nonetheless exists, and, in practically every workplace. The level, though, might be very minute, like the employee who occasionally takes a few postage stamps for personal use. When it comes to bigger issues, it’s not unusual for the owner and/or manager to be taken by surprise. After all, you do what you can to screen and interview every new hire, but sometimes, it’s not enough. The primary reason for this is a simple necessity, especially for small business owners who need to delegate responsibilities. They just don’t have the time to do it all on their own, so, they leave certain things to employees. This creates an atmosphere of opportunity where trust can be easily breached. When that happens, here are some ways to deal with employee theft: Evaluate the situation. When you discover the problem, it’s best not to jump to conclusions about the scope. It could just be a case of miscommunication or simply a lack of judgment. If you believe it to be serious and particularly one that’s ongoing, you should commit to take action. If it’s minor, you might consider issuing a written warning, placing him or her on probation, or, repayment. Document everything you can. If you discover supplies, inventory, materials, or money is missing, do everything you can to document what it is, when it happened, and it’s worth. You should gather as much evidence as you can to bring the situation to resolve. Phone your attorney or HR Consultant immediately. Dealing with internal theft is a serious matter and you don’t want to overstep your legal bounds. While you certainly have rights, you cannot afford to act in a rash manner. Call your lawyer and ask about what options are available to you. Call the local police or sheriff’s department. If your legal counsel instructs you to contact the local authorities on their non-emergency line, you should do so right away. While this won’t likely resolve the issue immediately, it will be a step in the right direction. Get in touch with your insurer. Another one of the first phone calls you should make is to your insurer to learn exactly what coverage you have in-place. You might have to file a claim to recover most or a portion of your loss. Once the initial work is done, consider how you’ll deal with preventing the same problem from occurring in the future. You should also discuss the matter with key team members and think seriously about how to present the issue and your reaction to others in your business. As a Leader, it is important that you don’t allow this to become office gossip, get out in front of it, and demonstrate your commitment to your company and how you reward good work and the consequences for theft. Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]

How Does a Successful Entrepreneur Recover from a Bad and Costly Business Decision?

March 7, 2024 No Comments

How Does a Successful Entrepreneur Recover from a Bad and Costly Business Decision? When it comes to being an entrepreneur, navigating the unpredictable landscape of business is quite common. After all, even the most seasoned entrepreneurs can find themselves facing the aftermath of a bad and costly business decision. In these challenging times, it is essential to embrace resilience and proactively seek strategies for recovery. So, how exactly does an otherwise successful business owner not only cope but overcome a bad and costly decision? Fortunately, there are some concrete steps you can take to get past such a trying set of circumstances. Here are the most effective ways to recover from a bad and costly business decision. Acknowledge the Mistake Without Self-Blame Acknowledging a misstep is the first step towards recovery. It is crucial for entrepreneurs to recognize that making mistakes is a part of the journey towards success. By reframing the perspective from self-blame to a learning opportunity, entrepreneurs can begin the process of moving forward with clarity and determination. Assess the Damage and Deploy Damage Control Quantify the impact of the decision as accurately as possible. Evaluate financial losses, lost opportunities, and damage to your reputation. A clear understanding of the extent of the damage is essential for creating a recovery plan. Take immediate steps to mitigate further losses. Be decisive, communicate transparently with stakeholders, and seek professional advice if necessary. Quick actions help control the situation and prevent things from getting worse. Formulate a Recovery Plan Realign your strategy in light of the setback. Reassess goals, revise budgets, and identify areas for improvement. This plan should be realistic, adaptable, and focused on creating a sustainable path forward. Put your recovery plan into action and closely track the progress. Remain flexible and ready to adjust the plan as needed. It’s essential to stay agile and react to new information as you move forward with execution. Also, don’t waste mental energy on things outside your control. Channel your energy and resources into actionable steps that will make a real difference in rebuilding stability. Embrace a Growth Mindset for Future Success In the face of adversity, cultivating a growth mindset is key to overcoming setbacks. Viewing challenges as opportunities for growth and development can fuel the entrepreneurial spirit and pave the way for future success. By focusing on continuous learning and adaptation, entrepreneurs can position themselves for long-term prosperity. Seek Guidance and Mentorship for Strategic Insights Navigating the aftermath of a costly business decision can be a daunting task. Seeking guidance from mentors or experienced professionals in the industry can provide valuable insights and perspectives. By leveraging the knowledge and expertise of others, entrepreneurs can gain a fresh outlook on their situation and identify strategic pathways towards recovery. Pivot Towards Innovation and Creativity In times of crisis, innovation and creativity can serve as powerful tools for reimagining the future. Entrepreneurs who have faced setbacks can harness their creativity to explore new opportunities, pivot their business model, or diversify their offerings. By thinking outside the box, entrepreneurs can unlock new possibilities for growth and success. Take Calculated Risks with Strategic Planning Recovering from a costly business decision requires a balanced approach to risk-taking. By engaging in strategic planning and carefully evaluating potential risks and rewards, entrepreneurs can make informed decisions that align with their long-term goals. Taking calculated risks can lead to new opportunities and propel entrepreneurs towards renewed success. As always, the journey of an entrepreneur is filled with highs and lows, successes and setbacks. When faced with the aftermath of a bad business decision, it is essential to approach the situation with resilience, innovation, and a growth mindset. By embracing the challenges as opportunities for growth and learning, entrepreneurs can navigate the road to recovery and reignite their path towards success. 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? 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.

How to Avoid Decision Fatigue; Wait, Avoid What?

November 14, 2018 No Comments

Decision fatigue. It’s a phenomenon which probably affects you. Yet, you’re not truly aware of it. Put another way, you’ve likely felt its impact, but just didn’t know what to make of it. Or, more particularly, what to call it. That’s okay. It’s something many people experience a few times. Others are hit with it a lot — a whole lot. Usually, these are individuals in positions of authority. You know, the “decision makers.” Although we joke about it, the truth of the matter is, making decisions gets harder and harder as the day goes on. So, let’s look at some ways to avoid decision fatigue. Is Decision Fatigue Actually Real? The short answer to the question above is a resounding, “Yes!” Decision fatigue is real. In fact, two university researchers examined more than 1,000 decisions made by judges in Israel. Said judges either decided to grant or to deny parole. Prisoners who appeared in the morning, about 9 am, fared quite well. Those offenders had a 70 percent chance of making parole. Decision fatigue can seem harmless enough. Spending a few extra minutes deciding between chicken or beef isn’t the end of the world. But what you may not realize is that those little moments of turmoil could be negatively impacting your business. If left unchecked, decision fatigue can lead to reckless behavior like compulsive spending or, worse, the inability to make any decisions at all. —CNBC.com But, by the time mid-afternoon rolled around, those chances dropped down to just 10 percent. The conclusion, of course, was the judges simply used-up their stamina and therefore, took the simplest and safest way out. Ways to Avoid Decision Fatigue Now, if you’ve ever felt “used-up” at the end of the day, like your brain can’t process any more, decision fatigue is a likely culprit. Here are a few suggestions for how to avoid decision fatigue to better your work performance: Start tomorrow today. At the end of every day, start getting things in order for the next morning. Don’t make big decisions. Just get organized so you’re ready to go when you come back tomorrow. While this might seem too simple, it will have a big impact. Make important decisions early. When you start your day, don’t “ease” into it. Instead, challenge yourself by making the most important decisions when you’re most fresh and have new energy. You’ll see things more clearly and have a better sense of which way to go. Stop second-guessing yourself. In the military, some class instructors tell their students to bite the erasers off of their pencils right before starting a test. It’s not literal — it’s a figure of speech. It means your first intuition is typically the right one; so, don’t second-guess yourself. Snack and exercise every day. It’s a very good practice to have a solid but sensible breakfast in the morning. A light lunch is also a sound practice. But, you might feel a bit worn by mid-afternoon. The cure? Exercise and have a small snack to re-energize. What other ways do you combat decision fatigue? Please share your experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.