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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Use Your Past to Build a Better Future

May 16, 2017 No Comments

Mistakes, missteps, adversity, hurt, and failure. All of these are negative experiences, at least, at first impression. We’ve all dealt with heartache and heartbreak, with disappointment and resentment. So many pessimistic experiences and impressions can easily discourage to the point of apathy. It’s choosing another path to deal with such occurrences that’s one of the single most difficult things to do in life, and in business. There’s just no avoiding the fact that mistakes will be made, perhaps even to the extent of leading to outright failure of a company, even for entities that are established and realizing a profit. No matter the size or presence of a brand, it can deteriorate and ultimately flounder to the point of no return. We’ve seen this before in the business world, particularly in giants: Blockbuster Video, Circuit City, Borders Books and Music, Radio Shack, Montgomery Wards, Steak & Ale, the list goes on and on. Use Your Past to Build a Better Future One obstacle to overcome is being creatures of habit. Sure, these definitely differ from person to person, but regardless, remain part and parcel of our day-to-day routines. It’s quite easy to let this phenomenon creep into a business environment, and sometimes, with the best of intentions. Habit (read: practice and procedure) can be a good thing. It can also be a death knell, and when you can’t pinpoint the root cause, make you susceptible to more than one failure. The more clearly you understand your strengths and how they enabled you to get to this point, the more effectively you can leverage them into a bright and fulfilling future. It’s important not to regret the past. Instead, you must appreciate all of your positive experiences and find a way to learn from the negative ones. —Business Insider Our past is part of who we are, but, it doesn’t have to define who we are or what we can become. If you think about it for a moment, your past is one of the most valuable weapons you have in your arsenal leading you into the future. This is so understood, it’s actually become a set of quintessential cliches. We see these motivating messages all the time and get a lift. That feeling subsides and it’s human nature to let the past work its negativity on us. I share with my clients that although my successes are something I appreciate, it is my failures that provided me the learning to excel and help others accelerate their success in less time and less mistakes. Failure is the precursor to success. Failure is an event so do not let it define who you are. Use your past to empower yourself and move forward with your future: Change small things, one at a time. There’s a technique in the world of psychology known as, “solution focused brief therapy.” In short, it works by putting focus on building solutions instead of problem solving. It works in a splendidly simple way: you change one small thing at a time. It could be waking-up 10 minutes earlier, exercising just a little every day, or working on this or that skill. Whatever it is, when you become better at it, you’ll feel a genuine sense of accomplishment. Take-on tasks you regularly avoid. Speaking of exercise, this is one thing many people avoid, though it certainly isn’t the only one. You might not like talking on the phone, going-over or creating certain documents, or some other task. Here again, whatever it might be, incremental change is key. Know and accept your weaknesses. You might not be good at this or that, and that’s perfectly okay. For entrepreneurs, this is a very difficult concept to accept. Being natural self-starters, optimists, and enthusiasts, not being able to excel at something is foreign and frustrating. When you do accept your weaknesses, you’re actually demonstrating your own strength, particularly if you bring-in someone else that has those exact skill sets. Look at yourself through another’s eyes. You probably get compliments from time to time, though these might not be overt. Take stock in each one by accepting them for what they are, and know it’s how the person who gave it truly feels about you. [shareaholic app=”follow_buttons” id=”26833294″]

How to Tell Your Employees You’ve Fired Someone

April 30, 2018 No Comments

How do you tell your employees you’ve fired someone? The topic makes most entrepreneurs very uncomfortable. But, there are certain situations which call for this type of action. Previously, we’ve talked about how to fire someone. However, what happens thereafter? It’s not like people won’t notice he or she is gone. So, how do you deal with remaining employees in a way that moves your company forward? The truth is, there is no such thing as a perfect transition. However, there are ways to make it go smoother. Signs it’s Time to Terminate an Employee Before you do take the final step of termination, you should be totally sure it’s the only recourse. For instance, a team member who consistently drags down productivity (and, won’t take steps to correct their behavior). Or, an employee who drains morale or constantly stirs-up drama are also toxic — don’t let your organization suffer unnecessarily. Also, an employee who is apathetic doesn’t care about their work product or customers isn’t worth keeping around. One thing we know about human nature is that when there’s a mystery, people will solve it themselves: They make up the ending, and it’s almost always worse than reality. And that’s the problem–if you don’t tell people why, they’ll make up why. And the wrong why is almost always destructive. Information vacuums fill with rumors, and rumors lead to anxiety. —Inc.com Then, there’s the serial rule violator. Someone who just refuses to play by the rules. It’s time to stop banging your head against the wall and do your business a favor. These situations are typically the most disruptive and harmful to a company. How to Tell Your Employees You’ve Fired Someone Now, if it’s time to let a team member go, you’ll have to navigate your employees through a weird experience. Here are some helpful suggestions for how to tell your employees you have fired someone: Make a simple announcement. Convene a meeting or send out a memo. Simply state, “Bob no longer works here. Our transition steps are 1, 2, and 3. If you have any questions, please see Sue.” That’s it. Straightforward and to the point. Don’t share details or communicate negatively. After terminating an employee, the human temptation is to share your reasons for the termination in order to rationalize your decision. And, sometimes this leads to making negative comments about the terminated employee. Do not fall into this trap! Be a leader. Otherwise, any other communication is destructive and deteriorates your culture and you lose respect with your existing employees. Don’t tolerate rumors. Rumors are inevitable in these situations. Keep your ears open and if you hear one, nip it in the bud. Be polite but direct and firm. Do not let rumors become a distraction. Give people a chance to step-up. Since there’s an open position, you can ask who is willing to step-in and fill the void. This is a great chance to see which team members are the most eager and loyal. Seize the opportunity. This is likewise an opportunity to reset the company narrative. You might want to take it in a different direction or get back to fundamentals. Whatever change you’d most like to make, now is a prime opportunity. How do you tell your staff you’ve let someone go? What other suggestions do you have for these situations? Please share your thoughts by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

How to Solve the Biggest Problem a Work Routine Creates

March 4, 2020 No Comments

Every entrepreneur has heard the advice to adopt a work routine. While it’s certainly helpful in a number of ways, it can eventually lead to feeling stuck, stifled, and unrewarding. That’s definitely no place anyone wants to be because it becomes counterproductive. What’s more, it drains your energy and doesn’t help to fulfill your passion. It’s called a rut and it’s the single biggest problem with following a routine. Advantages of Having a Routine Now, there’s a whole lot of good that comes from establishing a routine. It helps you to keep focused, stay on-task, on-time, and avoid wasting effort on unimportant tasks. Plus, a routine helps to ensure you check off entries on your to-do list, one prioritized item at a time. A routine that is too rigid can become a rut, and a rut can become a trap. Some people are so adamant about sticking to “the routine,” that it becomes a full-blown stress when anything disturbs it. And you can count on disturbances! They are a part of life. But these people have forgotten how to think outside the cherished routine. The joy of spontaneity is missing. —Self Growth Moreover, a routine lets you know precisely where you are at any given time. Then, there’s the psychological and emotional benefit of having peace of mind. When you follow a routine, you’re much less likely to feel anxious or stressed out. 3 Effective Ways Entrepreneurs can Break Out of Work Rut Although there are a number of benefits to following a routine, the biggest downside is it turning into a dreaded rut. This is a bad situation and will only worsen, if you don’t stop the cycle. Here are three effective ways entrepreneurs can break out of a work rut: Change things up. Okay, this one’s obvious but it’s necessary because it’s so hard to actually do. When you change things up, you’ll feel like chaos has broken loose. You’ll also probably feel a bit lost. But, when you change things up, you’ll also start to feel more free, realizing your routine isn’t always the best way to work on your business. Give yourself new tasks. Try giving yourself at least one or more new tasks to complete. It will challenge you to think in a way that you haven’t before and help to unleash your creativity. Plus, it will give you a real sense of accomplishment because it’s something you’re not accustomed to doing. Spend some time in different places. Work ruts can happen anywhere, not just the office or shop. You probably run in the same circles all the time, frequenting the same locations over and over again. So, try something new in order to experience new environments and people. It will only widen your perspective and might even inspire you in a totally unique way than ever before. What other suggestions do you have? Please comment and share your thoughts and experiences! Interested in learning more about business? Then just visit Waters Business Consulting Group.