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?

Start the New Year Strong – Avoid Entrepreneurial Burnout

January 12, 2018 No Comments

Now that 2018 is upon us, it’s time to make good on your resolutions. As an entrepreneur (or soon-to-be business owner), you want your company to succeed. This requires a lot of hard work. It also requires dreaming big. Without those two elements, it’s very difficult to move forward. Unfortunately, being an entrepreneur means having to shoulder a big load. And, that can easily lead to burnout. The passion turns sour. It’s no longer a challenge but a burden. The good news is, it doesn’t have to be a reality. Make 2018 a Great Year for Your Business If you want 2018 to be a success for your business, you must avoid certain personality types. Additionally, you’ll have to keep the fire going inside. Entrepreneurs are complex people. They love to dream and can easily leap from one to another. What’s more, they really love to work and work hard. The reward is simply too good a feeling. But, even the hardest workers, the most disciplined business owners can fall victim to burnout. Being an entrepreneur is no mean task, and definitely isn’t meant for the fainthearted. Entrepreneurs have too much to do and a lot to prove, not just to their competitors, but also themselves. Dealing with the daily challenges and frustrations that come from running a business operations can take a toll on any sane person’s mental and/or physical health. —All Business.com In fact, this is actually one of the biggest (if not the single biggest challenge) entrepreneurs face. Long weeks with plenty of nighttime hours devoted to work takes its toll. Eventually, you feel less connected to personal relationships. And, strangely enough, less in-tune with your own business. How to Avoid Entrepreneurial Burnout Entrepreneurial burnout is a real thing. It’s a trap entrepreneurs unwittingly set for themselves. They don’t even know it’s happening until it’s too late. All of a sudden, there’s little to no reward. Things seem dull and routine — even monotonous. Fortunately, there are ways to avoid entrepreneurial burnout: Avoid falling into a rut. Okay, so one of the biggest challenges to running a business is to set and stay on schedule. But that very strategy can also turn against you. It goes from smart scheduling to rut and does so without warning. Seemingly out of the blue, you feel like you’re just doing the same thing over and over. So, change environments and scenery. And, do so regularly. Schedule regular breaks. Make no mistake about it, both long and short breaks are necessary. You not only need to get out of the office on a daily basis, you need to get away from the office regularly. And, take actual time away from the business. A simple weekend getaway without any work offers amazing refreshment. Stay away from time wasters. You probably fall prey to time wasters. Social media is a great example because it’s so prevalent. Or, it could be constant chit-chat. Whatever wastes your time, identify these and you’ll lessen the burden of feeling unproductive. Always be clear about what you want. Losing focus is a big problem. But, there are simple ways to deal with it. Every day should bring you closer to your next goal. But, if you’re unclear about that end, you don’t know where to begin. So, work with others and be cognizant of where you want to go next. What does it take to succeed as an entrepreneur as quoted by Tony Robbins. I listened to a great interview with Tony Robbins recently, and when asked about the characteristics that it takes to succeed, Tony shared in his interview: 1. HUNGER … dig deep to successful people, Steve Jobs, Bill Gates, Mark Zuckerberg … you will find that they are HUNGRY to achieve and push beyond the pain 2. Having a Mission larger than you … your WHY. Why do you do what you do? Pride of ownership, mission, joy, being able to give to our kids and others more than ourselves 3. You have to become Obsessed with Strategies or a Plan to succeed. For example; if you say you want to enjoy life on the beach and you start running North … you’re going the wrong direction because the beach are South! The right strategy can save you a decade and lots of losses. How do you avoid burnout? What other things do you use to stay focused and excited? Please share your thoughts and experiences by commenting and joining the conversation! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Employee Collaboration is Facing Real Challenges, but Your Business Doesn’t have to Suffer

December 13, 2022 No Comments

A recent Harvard Business Review study found that nearly forty percent (39%) of employees report their coworkers don’t collaborate enough. There are several reasons for this, but whatever the causes, it’s very important to address this issue when it arises in order to get the most out of any team. If poor collaboration continues to persist, it will do real damage to a company – no matter how big or small. So, it’s critical to take action right away. Otherwise, it could very well unleash deleterious effects that just may be irreversible. The Consequences of Poor Employee Collaboration When employees are not collaborating effectively, it can lead to duplication of efforts, miscommunications, and confusion. This can result in employees spending more time trying to figure out what their coworkers are doing, rather than focusing on their own tasks. As a result, overall productivity can suffer. Employees who are not able to work well with others may become frustrated, leading to lower morale among the team. This can also create a toxic work environment, leading to high levels of absenteeism and turnover. It goes without saying that when your employees work together, they’ll be more effective. Not only can people accomplish more as a group, a collaborative atmosphere could motivate employees to do more. But if you feel like employees aren’t cooperating as well as they should, there could be a hidden problem brewing under the surface. —American Express Effective collaboration is crucial for innovation. When employees are not able to work well together, it can stifle creativity and prevent the development of new ideas. This can make it difficult for businesses to stay competitive in a rapidly changing marketplace. Poor collaboration can lead to mistakes, delays, and other issues that can impact the quality of the product or service that a business provides. This can lead to dissatisfaction among customers, who may take their business elsewhere. How to Encourage Better Workplace Collaboration among Employees Collaboration is crucial for success in today’s business world. When employees are able to work well together, it can lead to higher productivity, improved morale, and greater innovation. However, fostering collaboration among employees is not always easy. Here are a few tips for encouraging better workplace collaboration: Provide the right tools. In order for employees to collaborate effectively, they need the right tools. This may include project management software, group messaging platforms, and online collaboration tools. By providing the right tools, you can make it easier for employees to communicate and share ideas. Encourage open communication. Open communication is key for effective collaboration. Encourage employees to speak up and share their ideas, even if they are not sure if they are “right”. By creating an environment where it is okay to ask questions and share ideas, you can foster collaboration. Create a collaborative culture. Collaboration should be a core value of your business. Make sure that this value is reflected in your company culture, and encourage employees to work together to achieve common goals. Provide training and support. Collaboration is a skill that can be learned and developed. Consider providing training and support to help employees improve their collaboration skills. This may include workshops, mentoring programs, and other resources. Recognize and reward collaboration. Finally, don’t forget to recognize and reward collaboration. When employees work together to achieve a common goal, make sure to recognize their efforts. This can be as simple as a shout-out in a team meeting, or something more formal like a team-building event or award. By following these tips, you can encourage better workplace collaboration among your employees. This will help to improve productivity, morale, and innovation at your business. What else can businesses do to foster and improve employee collaboration? Please take a few minutes to share your own thoughts and experiences so others can benefit from your input! Interested in learning more about business? Then just visit Waters Business Consulting Group.

How to Run a Work-from-Home Business

May 24, 2017 No Comments

The Internet, and more particularly, the world wide web, is revolutionizing so many things in our lives and the workplace is no different. More companies are using telecommuters to work for them, and, they are reaping the benefits of less overhead. In addition, the web makes starting a business quite simple. The biggest problem for a part-time or full-time entrepreneur is being able to effectively manage their time. Those work-from-home commercials and websites leave out many aspects of having a home-based business. While they tout the freedom and no need to endure frustrating daily commutes, they do leave some things out. The devil is in the details and it’s those things you might not think about that can cause you to fail. How to Run a Work-from-Home Business Running a work-from-home business not only takes a lot of entrepreneurial spirit, a vision, and an executable plan, it also requires a heavy amount of self discipline. When you stop to think about it, you’ll realize that having a home-based business means you won’t leave either work or home for the majority of the week. Another phenomenon (read: unrealistic expectation) that you’ll probably face from your spouse is about household chores. When you work outside the home, you don’t take any household appliances with you. The washer and dryer stay in the laundry room and the dishwasher remains right beside the kitchen sink. Ninety-seven percent of entrepreneurs love or like working from home, according to Money Tips.com’s recent survey of 160 successful Americans who run their businesses from home. Most enjoy it so much that 54 percent of them would turn down an offer of free office space just one mile from home. —Inc.com In addition to these, the lawn mower, vacuum, and all those household cleaning supplies won’t mysteriously jump into your vehicle. However, your significant other won’t necessarily grasp this concept, and, will wonder why there’s laundry to fold or dishes to take out of the dishwasher. Any one that runs a home-based business knows that chores are time consuming and just because the office is in the house, doesn’t mean all the chores will get done. In addition to this, you’ll be literally surrounded with distractions. It could be guitars, a game console, television, crafts, social media, or any other hobby or pastime that beckons day after day. If you want to run a successful work-from-home business, you’ll need to do the following daily: Create a schedule and stick to it. There’s a reason you have scheduled work hours when your job takes you out of the home and to a workplace. Do the same for your home-based business: create a schedule and don’t deviate from it. Let your clients or customers know your hours of operation and be available when needed. Get dressed for work. One of the perceived advantages people have about working out of the home is being able to dress down. While you can certainly work in your pajamas or just a tee-shirt and shorts, it does have a strong impact on your psyche, and, it’s not a good one because it promotes procrastination. Dress business casual and you’ll actually feel like it’s a work environment. Take breaks during the day. You do this at any workplace, but, when you start a home-based business, you’ll probably experience an urge to stay put in your office or work space to get things done. You need breaks during the day, so, put these into your schedule. It could be a short walk around the block, or even doing a chore, but these should be regular. Give yourself time off. Because your work and home environment are one-in-the-same, you’ll face the temptation to get this or that done when family is home. Don’t shortchange your family and you’ll find yourself to be a lot happier when there’s a good balance. Get out at least once per week. Don’t make the mistake of chaining yourself to your desk. You can go out to lunch and meet a friend or your spouse, but, be sure to do this at least once per week to keep your professional mannerisms sharp. Another tip you ought to take is to stay focused on your business. Because you might not regularly interact personally with others, your mind will tend to wander and you might get some new ideas to pursue. While it’s wonderful to be creative, you won’t be able to go off in different directions at once — keep your focus or you’ll increase your chances of failing. I just had this conversation yesterday with a Chief Marketing Officer who works virtually, and he enjoys the flexibility. We met at The Henry on Camelback in Phoenix. Personally, I prefer to get dressed, and head to my office with focus on my schedule and priorities. Call me traditional, but my work ethic has been embedded into my habits for over 35 years and it works for me. Now, I also find myself logging in when I get back to my home office. So, one of my incentives is to remain focused and productive at my office during the work week so that my evenings and weekends are free at home. It does take discipline, but this allows me time with my family and to enjoy a balanced life outside of my work. What I do like about working from home, is the flexibility it provides me and my family as well as the flexibility in the services that I can provide for my clients. What is most exciting is the business and career opportunities that our technology gives us. Go out and create your new opportunities … and start from home! Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]