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?

My Spouse and I Opened a Business and it’s Ruining Our Marriage — What should We Do?

February 3, 2022 No Comments

Couples often open businesses together because they recognize that two heads are better than one. It not only allows them to be their own bosses but is usually accompanied by the idea that a joint venture will strengthen their interpersonal relationships. After all, running a business together will mean they must be more open and communicative, and therefore it ought to bring them closer together as they work together on their shared dream. But, sometimes couples have very different ideas about how to build and run new businesses and this can easily lead to a lot of conflicts. Fortunately, there are some strategies couples can use if they are experiencing problems in their small businesses. The Hidden ‘I’ in T-e-a-m Make no mistake about it, every joint venture depends on individuals. Two or more people have to come together in a meeting of the minds and spirit in order to make it ultimately work. This starts with an individual choice to pool skills, talents, and resources together once this decision is made and forces are joined together, the business should have what it needs to succeed. However, sometimes individuals can’t get out of their own way and that’s when the problems begin. When things get tough, refer back to your joint goals. Running a business isn’t easy, and when both you and your spouse are involved, that means your livelihood is hanging in the balance of the business you share. Instead of letting this fill you with stress and anxiety, instead, let it fill you with excitement and passion for the work you do. Be a support for each other, so when one of you gets stressed or worried, the other can remind you why you started. —Small Business Trends In other words, there has to be the right mixture of individualism and teamwork in order to make the relationship work. For example, constantly jocking for power will eventually lead to serious issues. If one spouse tells their employees one thing and the other spouse contradicts that, there’s obviously going to the at least some confusion and conflict. This is why successful businesses have defined roles for everyone involved. Doing so greatly increases communication, productivity, and also expectations. How Spouses can Successfully Run a Business Together If you and your spouse are experiencing problems in your business that are affecting your personal relationship, you’re definitely not the first and won’t be the last. The good news is there are steps you can take to reduce or eliminate conflict, such as the following: Mutually define individual roles. Both of you are responsible for running the business, but that doesn’t mean that both of you should be caring out the same roles. Take some time to talk over and outline your individual roles and responsibilities so there’s no miscommunication or unnecessary redundancy. Layout and set your expectations. Each of you has an idea of what you want from the other. But unless you communicate that clearly, there’s no way to truly know what you want out of one another. This will take a little trial and error but you can eventually find tune it in this will be a huge help in running the business efficiently. Leave home at home when you’re at work. There’s a reason that large corporations discourage romantic relationships between colleagues. When you bring your home life to work, you can expect to bring all of those issues into your place of business. Obviously, there’s no good that can come from this, so leave home at home while you’re at work. What other ways can spouses resolve their problems while running a business together? Please share your thoughts and experiences so others can benefit from your input. Interested in learning more about business? Then just visit Waters Business Consulting Group.

When Your Best Salesperson Crosses the Line: How to Respond to Deceptive Upselling Without Losing Trust

June 26, 2025 No Comments

7 Steps to Regain Trust when Salespeople Deceive Customers

3 Ways Small Business Owners can Help Employees Out during Tough Economic Times

April 28, 2022 No Comments

Small business owners are often in a unique position to help their employees during tough economic times. They may be able to offer more work hours, give gas and grocery gift cards, and allow schedule flexibility for side gigs. In this blog post, we will discuss some of the ways small business owners can help their employees out during these difficult times. How Helping Your Employees Benefits Your Small Business When you help your small business’ employees, they are not only appreciative but often become more loyal. They’ll also be more productive and deliver a higher quality of work, as well. Plus, happy employees are far less likely to leave, meaning you won’t have to find replacements and spend extra time training new employees. During challenging economic times such as a recession, many companies struggle to stay afloat while the employees worry about losing their jobs. Management has the tough task of finding ways to keep employees loyal and productive while assuring them that they can survive the challenging period. —Houston Chronicle Small Business All this is to say that your small business’ employees are a true asset. They are an investment in your company and usually, bring a healthy return on investment. Smart, long-term business owners realize this and therefore do anything and everything they can to help their employees when economic times get tough. 3 Ways Small Business Owners can Help Employees Out during Tough Economic Times Difficult economic times put far more stress and pressure on hourly employees than salaried executives. If your business is in the position to give employees a little help, it will go a long way. Here are three ways small business owners can help their workers through trying economic times: Offer more work hours. Offering more work hours is one way small business owners can help their employees during tough economic times. This can help employees make ends meet and keep them from having to find another job. Give gas and grocery gift cards. Giving gas and grocery gift cards is another way small business owners can help their employees during tough economic times. This can help employees with their daily expenses and allow them to save money on groceries and commutes. Allow schedule flexibility for side gigs. Allowing schedule flexibility for side gigs is another way small business owners can help their employees during tough economic times. This can help employees earn extra income and provide them with better financial stability. These are just a few of the ways small business owners can help their employees during tough economic times. If you are a small business owner, consider how you can help your employees during these difficult times. Your employees will appreciate your support. Do you have any other suggestions for how small business owners can help their employees during tough economic times? Share your thoughts in the comments below. We would love to hear from you! Interested in learning more about business? Then just visit Waters Business Consulting Group.