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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8 Things Employees Need to Unlearn When They Become Entrepreneurs

August 22, 2024 No Comments

8 Things Employees Need to Unlearn When They Become Entrepreneurs Making the leap from employee to entrepreneur is thrilling but also daunting. You’re not just changing your job; you’re transforming your entire mindset. To thrive as an entrepreneur, you’ll need to unlearn certain habits and thought processes. Below, we’ll take a look at the most common obstacles and break them down. Everyone knows transitioning from being an employee to becoming an entrepreneur involves a significant shift in mindset, behavior, and expectations. But, what usually comes as a surprise is that employees moving into entrepreneurial roles often need to unlearn certain habits and beliefs that were helpful in an employee context but can be limiting or counterproductive in the world of entrepreneurship. So, here are key things employees need to unlearn: Letting Go of a Fixed Routine As an employee, structure is your best friend. You have set hours, defined roles, and a clear chain of command. But in entrepreneurship, that routine can act like a chain, holding you back. The world of business is like a wild river; it’s always changing, and you need to be ready to navigate the rapids. Embrace flexibility instead of sticking to a rigid schedule. Can you imagine a fish trying to swim upstream while stuck in a net? You don’t want to be that fish. Shifting from Safety to Risk In a traditional job, you might have felt safe with steady paychecks and benefits. Entrepreneurship, however, is a different story. It’s a leap into the unknown where financial security is not guaranteed. You must unlearn the fear of risk. Think of it like jumping off a diving board: the thrill comes when you embrace the plunge, even if the water feels cold at first. Start viewing risks as opportunities for growth instead of threats to stability. Ditching the Need for Approval Employees often look for feedback and approval from bosses. This can be a comforting validation but can stifle creativity. As an entrepreneur, you won’t always have someone to give you the thumbs up. Learning to trust your gut is vital. Picture an artist creating a masterpiece without a critic standing over their shoulder. Sometimes, you’ve got to paint outside the lines to find your true colors. Rethinking Work-Life Balance In traditional jobs, the idea of work-life balance is often a checklist item. But as an entrepreneur, this concept shifts dramatically. Work can seep into personal time, and that’s okay. Unlearn the idea that you have to clock out at a specific time. Instead, think of it as a dance. Sometimes you’ll lead, and sometimes you’ll follow, but the music keeps playing. Finding your rhythm is key to thriving in this new environment. Breaking Free from Hierarchical Thinking Employees usually navigate through a company hierarchy, following orders and protocols. Entrepreneurship flips this script; it’s about collaboration and community. Unlearn the mindset that someone always needs to be in charge. Picture a team of explorers planning a journey—everyone shares ideas, and every voice holds value. This teamwork spirit opens the door to innovation and creativity. Shedding the Idea of Job Security In a job, many seek security and comfort. But entrepreneurs must accept that uncertainty is part of the game. You can compare it to a tightrope walker. Balancing on that line takes courage and focus, knowing that every step is a risk but also a chance to soar. This mindset shift allows you to take calculated risks that can lead to great rewards. Focusing on a Narrow Scope of Work Employees often specialize in a particular area, focusing on a specific set of tasks within their job description. They may rely on other departments or team members to handle different aspects of the business. Conversely, entrepreneurs wear many hats and must manage various aspects of the business, from product development and marketing to finance and operations. They need a broader skill set and the ability to juggle multiple responsibilities. So, entrepreneurs must embrace a generalist mindset, learning to understand and manage multiple aspects of the business. Embracing Continuous Learning In employee roles, growth often comes from annual reviews or courses mandated by the company. As an entrepreneur, learning becomes a constant journey. Unlearn the idea that education has limits. Seek knowledge from every corner—books, podcasts, networking. Think of yourself as a sponge, ready to soak up every bit of wisdom. This drive will keep you ahead of the curve in a fast-paced world. The Journey of Unlearning Going from employee to entrepreneur involves unlearning old habits and embracing new ways of thinking. By embracing a new mindset, you empower yourself for this exciting journey. Remember, the path might get rocky, but with each step, you’ll carve out your own unique path in the entrepreneurial world. 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) 541-1760, or, if you prefer,

What to Do When Your PPP Money Runs Out

May 7, 2020 No Comments

What do businesses do when their PPP or Payroll Protection Program funds run out? While small companies can apply and receive relief, that money is only finite. It will go just so far before it’s gone. And, once it’s gone, it’s gone for good. Even organizations with business interruption insurance benefits have limited resources. Eventually, the cash will run out. So, what do small businesses do then? PPP Loan Forgiveness Only Solves One Problem It’s important to remember that PPP loan forgiveness — while most certainly helpful — merely solves one problem. Meaning, there are still other debts and obligations to pay and to meet. That alone reveals the fact there’s a lot more to doing business than just compensating employees. Vendors, contractors, and others also need to be paid. The Paycheck Protection Program is a loan designed to provide a direct incentive for small businesses to keep their workers on the payroll. SBA will forgive loans if all employees are kept on the payroll for eight weeks and the money is used for payroll, rent, mortgage interest, or utilities. —U.S. Small Business Administration This gets to the heart of the larger issue — the inescapable reality of the business world. Put another way, if someone paid off one of your personal debts and you had five, six, or ten more, while that’s a blessing and it’s appreciated, it does not get you totally out of debt. Businesses don’t operate that way because there’s always additional obligations. What to Do When Your PPP Money Runs Out Since businesses stay in a cycle of dynamics, with revolving credit and monthly bills, and they apply and receive PPP money, what can they do once those funds are gone? Here are a few suggestions that might prove helpful to your business: Offer invoice financing. Instead of requesting (or demanding) the entire invoice amount to be paid, give them the option to finance their outstanding balances. You can charge a small fee and/or interest rate — so long that it’s legal and ethical. Ask suppliers for extensions. For businesses that owe other businesses money, it’s worth a shot to ask for some more time or at least try to establish payment arrangements. This will help to take off a little pressure and to free up some cash. Review personnel staffing choices. Most businesses already have or will soon, be forced into this scenario — assessing which team members aren’t essential. It’s a tough spot but because employees most always represent the largest expense, this can’t be ignored. Consider liquidation or selling equipment. Another thing you can do is to sell off non-essential equipment, if available. Or, liquidate some inventory or materials. These are all difficult decisions but they could mean the difference between staying in business and going out of business permanently. Offer new services that are in demand now. Look at what services are in demand now that may be in line with your service offerings or a close extension thereof to provide immediate cash flow. Quickly shift to provide those services by promoting them to your current customer base and use social media to get the word out. Several industries and businesses have done this in recent weeks. What other suggestions do you have? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

The 3 Biggest Social Media Marketing Mistakes

March 10, 2020 No Comments

The three biggest social media marketing mistakes small businesses make might surprise you. In fact, two of them seem contradictory, that is, once you learn their details. But, knowing about these unforced errors can help a business create brand awareness, reach a larger audience, and sell more. Read on to learn about the three biggest social media marketing mistakes small businesses make. The Importance of Social Media Marketing Social media marketing is an obvious necessity in today’s business environment. Consumers get most of their news and information from social media. It’s where 3 out of 5 consumers discover new products and services and/or are repetitively exposed to them on a regular basis. It’s also the place where literally hundreds of millions of people go day after day. Most modern businesses understand the importance of using social media to promote their brand and interact with consumers. Indeed, social media is at the core of many companies’ digital strategy, often delivering measurable results in terms of sales, leads and customer service. That said, there are many social media mistakes that we see time and time again: strategic errors that leave leads on the table and opportunities unexplored. —Forbes.com With such wide reach and exponential potential, it’s no wonder social media marketing is the preferred medium of the largest international brands. Small businesses can also tap into this powerful branding tool, by building a presence. However, it must be done with an effective strategy. 3 Biggest Social Media Marketing Mistakes The lack of strategy, unsurprisingly, is where too many businesses go wrong. Just having a presence and posting updates isn’t enough. It is very important not to commit these three huge social media marketing mistakes, too: Posting too little. If there’s one rule small businesses should follow in regards to social media marketing, it is consistency. Too many businesses start off posting regularly, only to update their pages less and less. Eventually, updates are sporadic, becoming few and far between. Hence, people don’t encounter them often enough and that’s a really bad thing. Posting too much. On the other hand, some businesses over do it. They post so frequently, there’s no discernible message or value to their target audience. These businesses make the mistake of confusing quantity for quality, and that too, is a huge mistake. Posting for the sake of it usually only serves to irritate people, not endear them to the brand. Not effectively branding. The last point plays into this one. It’s a well-known fact in the digital marketing world people often forget where they see things on social media, more particularly, not remembering the source. In other words, they might recall a product or service, but can’t recall the platform on which they saw it, and more importantly, which business it posted the content. Therefore, it’s imperative to have a consistent brand presence so people associate your business with its products and services. What other mistakes would you advise small businesses to avoid? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.