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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Edit Column To stand out in today’s crowded market, brands often need more than traditional advertising. Guerrilla marketing—a creative, surprise-driven approach—offers companies a unique edge by using imaginative tactics to make a lasting impression.

3 Ways Business Owners and Entrepreneurs can Find more Free Time

March 8, 2021 No Comments

A substantial percentage of established business owners and fledgling entrepreneurs have experienced significant change over the course of the past year. Some had to make very difficult decisions and enact hard changes in order to survive. Conversely, some have been in the fortuitous position to thrive. Regardless of their circumstances, too many entrepreneurs and business owners struggle to find free time. Fortunately, there are some effective strategies to find more free time and enjoy it. The Dreaded Free Time Paradox The most common problems business owners have when it comes to free time is either not recognizing it, or failing to indulge it. In other words, when there’s free time available, business owners and entrepreneurs most often either prefer to spend it working, simply defaulting to a workaholic mindset. So, it’s often the case that they don’t have any free time, as much as it is they won’t take time to actually enjoy it. Time freedom is about spending your time doing what you really love doing with the clients and people who mean the most to you. Having more freedom of time is about having the ability to live a full life and have the time to pursue other interests outside of work. But finding time freedom for entrepreneurs can be tough. — Thrive Global This creates a cyclical scenario where any ostensible free time is put either toward their work or, is spent on distractions. That’s often more advice given about business owners seeking free time. That is to say, to identify and eliminate distractions, because they divert away from the task or relaxation at hand. Because entrepreneurs are action-minded people, they mistake any type of work as being valuable. Of course, that’s just not true. 3 Ways Business Owners and Entrepreneurs can Find more Free Time The advice usually given to free up time is to rely on technology, innovative tools of the trade, and eliminate redundancies. Those are all great ways to help streamline your operation, but these mostly work around the margins, and don’t address the core problems. Here are three ways business owners and entrepreneurs can find more free time: Stick to a schedule. It’s very difficult, if not impossible, to find free time in an unstructured environment. The old Friedrich Nietzsche philosophy of “out of chaos comes order” simply doesn’t apply to this situation. So, get yourself on a schedule and follow a routine. It can be flexible and should not be rigid, but should provide you with structure. This will greatly cut down on distractions, and force you to focus on the highest priorities, and work your way down to the lowest. Put your business on a budget. Before you scoff, remember this — a budget doesn’t always mean spending less, it means always spending smartly. Too many business owners either spend their time worrying about their finances. Others know their general financial situation, but dwell on every possible contingency. In either case, they waste a great deal of time worrying, because they really don’t have a plan for their company finances. Money just comes in and goes out, but with very little accountability. Creating a realistic budget allows you to operate your business with a lot more certainty, and that in turn, will create more free time. Hire (back) help. You might have responded to the pandemic and ensuing chaos in a number of ways. Perhaps, it was necessary to reduce your payroll and take on more responsibilities yourself. Or, you’ve been taking on more work personally, because you haven’t found the time to hire people to help. The longer this unnecessary stress goes on, the more you risk burning out. It not only steals away valuable downtime, it is also counterproductive. So, get yourself on a schedule, lay out a budget, and hire on some help when and where needed. What other suggestions do you have for creating more free time? Please take a moment to share your thoughts and experiences so others can benefit from your unique perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group.

5 Ways to Get Your Team to be More Creative

May 16, 2017 No Comments

It’s been amply demonstrated the mother of invention is necessity, which of course by its very nature, requires out-of-the-box thinking. That’s the fundamental dynamic behind creativity, allowing us to find new inspiration, dream-up new possibilities, and turn them into reality. Creativity itself is difficult to define by pinpoint details, though we all know when it strikes, it’s the proverbial “ah-ha moment.” This is one of the qualities you look for as a business leader–talented, disciplined individuals to join the team and infuse another level of inventiveness. Your organization needs as much resourcefulness as it can muster, but, there will be times when that flow of ideas and crafting slow down, or, worse yet, come to a screeching halt. That’s when you need to re-spark imagination and get your team to use their ingenuity. 5 Ways to Get Your Team to be More Creative So, how exactly do you cause inspiration to happen without being fake about it, or, without looking desperate for new ideas? More often than not, coming up with new ideas is not necessarily a matter of brainstorming, though it can be just that. Your team looks to you for direction, but sometimes, it’s best to look to them, and allow them to think just among themselves. Giving over the reigns of power is a proposition that few entrepreneurs relish because of their very nature. However, you’ve already taken a big chance to realize your dream, so, you are familiar with having to give up something in order to get something in return. Everyone can be creative–it has nothing to do with smarts. In fact, having smarts is no guarantee that you can or will be creative. But just what is creativity? Dr. Teresa Amabile of Harvard Business School defines it as the process of doing something differently that works. That’s it. Real easy. —Entrepreneur.com When those ideas slow and you become frustrated with the inevitable fallout, there are ways to inspire creativity in your team members. You don’t necessarily have to make an announcement that everyone needs to start coming-up with blockbuster next moves, but, you can do things to get the creativity flowing once again: Start with feedback on current and past projects. Look at customer feedback on past projects, particularly negative or ho-hum feedback. These will let you know where you failed to wow them and make future changes. In addition, take a fresh look at what you’re currently doing and play devil’s advocate to tweak where necessary. Take a little time to ruminate separately and then collectively. There’s nothing wrong with brainstorming, but don’t put the pressure on in an artificial way. Instead, let everyone separate, take time alone, and then come back and exchange thoughts. Give them a nice and inspiring change of scenery Get out of the workplace and go somewhere that’s beautiful and stimulating, and let the scenery work its magic. You might well be surprised by what inspires you and your team. Reverse engineer what already works. You no doubt have competitors, and, they no doubt have done things which have been a success. No matter what it might be, focus on it and reverse engineer just how they got from start to finish. During the process, you’re bound to come up with new takes and innovations. Reward team members for workable ideas. When you get good, viable ideas, be sure to give thanks with a reward. It shows appreciation and imparts a sense of genuine gratitude that will come back to you in a positive way. Once you do have a new direction, it’s always a good idea to keep your team motivated by rewarding them collectively as benchmarks are met. After you’ve crossed the finish line, follow-up with one-on-one, personalized “thank you” gestures. [shareaholic app=”follow_buttons” id=”26833294″]

Most Common Scams that Target Entrepreneurs

June 2, 2023 No Comments

Starting a new business is an exciting and challenging venture. However, amidst the hustle and bustle, entrepreneurs need to remain vigilant and protect themselves from potential scams that can derail their success. Scammers often prey on the vulnerabilities and limited experience of new business owners. Most Common Scams that Target Entrepreneurs Okay, let’s get ahead of this right now. Entrepreneurs are proud people and willing to take risks. So, they can be a little more susceptible to scams. Even the most skeptical can be fooled. And that means knowing the most common schemes can be very informative. Now, let’s delve into the types of scams that entrepreneurs are most likely to encounter and provide essential steps they can take to avoid falling victim. Fake Invoice Scams One of the most prevalent scams is the fake invoice scheme. Scammers send fraudulent invoices for services or products that were never ordered or received. The invoices may appear legitimate, using logos and details similar to genuine suppliers or service providers. New business owners, caught up in the chaos of managing operations, may inadvertently pay these invoices without realizing the deception. How to Avoid Fake Invoices Implement strict payment protocols: Establish a clear process for verifying and approving invoices. Maintain a record of authorized suppliers and cross-reference all invoices against this list. Double-check all invoices: Scrutinize each invoice for any discrepancies, such as changes in payment details or unexpected price increases. Contact the supplier directly to confirm the legitimacy of the invoice before making any payments. Train employees: Educate your staff about invoice scams and the importance of verifying invoices. Encourage them to report any suspicious invoices or requests for payment. Business Opportunity Scams Entrepreneurs, driven by the desire for success, can become susceptible to business opportunity scams promising quick riches or high returns on investments. These scams often present themselves as legitimate-sounding franchise opportunities (or pyramid schemes or multi-level marketing programs). However, they typically rely on recruiting more individuals rather than selling legitimate products or services. How to Stay Away from Business Opportunities that Sound Too Good to be True Research extensively: Thoroughly investigate any business opportunity before committing. Seek independent reviews and testimonials from individuals who have engaged with the organization and look for the good and bad. Anything that strikes you as a red flag should give you ample pause. Take a step back and look objectively: This is much easier said than done, but it’s worth mentioning. Get some perspective and ask people you trust. Let them evaluate the offer and give you their honest feedback. Phishing and Email Spoofing Phishing and email spoofing scams remain a constant threat to entrepreneurs. Scammers send deceptive emails, often posing as trusted organizations, financial institutions, or even government agencies. These emails attempt to trick recipients into revealing sensitive information, such as passwords, credit card details, or social security numbers. Entrepreneurs may unknowingly compromise their own and their business’s security by falling for these scams. Best Ways to Protect Yourself from Phishing and Spoofing Be cautious with email links: Avoid clicking on suspicious links or downloading attachments from unknown sources. Hover your mouse over links to reveal the actual destination before clicking. Verify email senders: Scrutinize the email address of the sender carefully. Phishing emails often use slight variations or misspellings of legitimate email addresses. When in doubt, contact the organization directly through a trusted source to confirm the authenticity of the email. Utilize security measures: Install reputable antivirus software, spam filters, and firewalls to protect against phishing attempts. Regularly update software and keep your systems patched to minimize vulnerabilities. Business Directory Scams This is an old one, but it’s still in use today. And it targets new entrepreneurs in various forms – usually digital but sometimes, still hardcopy. Scammers may contact business owners, claiming to offer inclusion in a prestigious online directory or publication for a fee. They employ persuasive tactics, promising increased exposure and enhanced credibility. However, these directories often have limited visibility and fail to deliver any real benefits. Effective Protection Tips Conduct thorough research: Before investing in any directory or publication, research its reputation and reach. Look for genuine testimonials and reviews from other business owners. Question unsolicited offers: Be skeptical of unsolicited calls or emails from unfamiliar directories. Ask for detailed information about their services and cross-check their claims with trusted sources. Verify legitimacy: Contact established industry associations or local business bureaus to verify the legitimacy of the directory or publication. What other types of scams would you add to this list? Please take a moment to share your thoughts and experiences so others can avoid making costly mistakes and being victimized by nefarious individuals or criminals. Interested in learning more about business? Then just visit Waters Business Consulting Group to learn more about us and the services we offer.