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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How Small Businesses can Prepare for Employee Maternity Leave

September 15, 2022 No Comments

One of your best employees just came in with some exciting news – she’s pregnant and it’s her first! Everyone congratulates her and during the excitement, you begin to realize that this is going to affect your business in a profound way. Panic begins to set in as you think about all the help you’re losing – at least for the short term. Fortunately, it doesn’t have to be so nerve-racking. You can create a reliable plan of action to deal with this momentous occasion. How Small Businesses can Prepare for Employee Paternity Leave, Too Of course, the same could be true for a new father. Your right-hand guy will be out for an extended period of time. Although this is a wonderful occasion, it leaves you feeling quite anxious. After all, this is one of your go-to people and definitely among your top performers. So, where do small firms commonly go wrong when it comes to managing maternity? ‘Some delay unnecessarily, rather than starting to plan and act as soon as they’re told about the pregnancy,’ Cecily Lalloo, an HR expert, replies. ‘This can mean you end up recruiting the wrong person, meaning you’ll have to repeat the process, which wastes time and money.’ —The Guardian Small Business While he’s away with his wife and new baby, all of his work will still have to get done somehow. Even more worrisome, is how you’ll fill that gap, regardless of the amount of time. It’s enough to make anyone feel quite unsettled because this type of news generally comes out of the blue and you’re unprepared for it. However, if you follow the suggestions below, you’ll be able to get through it as smoothly as possible. How Small Businesses can Prepare for Employee Maternity Leave When you’re faced with a maternity leave situation or any type of parental leave, you’ll obviously need a plan to follow. Here are some steps that you can take when this type of situation arises: Create or review your maternity leave policy. If you already have a maternity leave policy, then great, simply review it to ensure that it is up to date and that it will work for your business in its current state of affairs. But, if you don’t have a maternity leave policy, you can create one and customize it to fit your needs. Speak with the mom-to-be one-on-one. The next thing you need to do is to speak with your employee about her plans. Don’t be afraid to ask specific questions, or inquire about her plans to return or leave her position. It’s far better to know than guess, leading to unnecessary confusion and worry. Have her document all her projects and tasks. Regardless if she’s coming back to her position or you need to hire someone else, you’ll need to know exactly what projects and tasks she’s currently working on. Either way, you’ll need somebody to come alongside her in order to be familiarized with her responsibilities so that person can assume her role. Assign one or more backups. If you don’t have someone already on your team who can take over, consider spreading her work among a few people. However, if this isn’t feasible, you should consider bringing in a temporary person. Create or review your transition plan. Lastly, you’ll need to develop a transition plan for her return if she is coming back. This will allow her to ease back into the swing of things without being overwhelmed. What other suggestions do you have for preparing for an employee’s maternity leave? Please take a few minutes to share your thoughts and experiences so others can benefit from your perspective. Interested in learning more about business? Then just visit Waters Business Consulting Group.

Business Owners, Pay Attention to Employees Who Bring Bagged Lunches, Because They Usually Share These Impressive Qualities

August 14, 2024 No Comments

Business Owners, Pay Attention to Employees Who Bring Bagged Lunches, Because They Usually Share These Impressive Qualities As a business owner, it’s easy to overlook the small, everyday habits of your employees, but sometimes these seemingly minor details can reveal a lot about their character and potential. One habit that might catch your attention is when employees consistently bring bagged lunches to work. While it might seem like a simple cost-saving measure or a personal preference, employees who take the time to prepare their meals often share some impressive qualities that can be invaluable to your business. That’s right. These individuals may possess bigger, untapped potential. With this in mind, we’ll take a little time to explore why those brown bag lunches might be a sign of the discipline, foresight, and commitment that could make these employees your next top performers. 6 Qualities Bagged-Lunch Employees Usually Possess Okay. You’d certainly notice if a particular team member brings in beneficia new business or implements a different way of doing this or that, greatly increasing productivity. But, there are also smaller, more subtle telltale signs someone might have a lot more to offer. For instance, employees bringing brown bag lunches to work can reveal much about their potential, habits, and mindset. Here are some insights that might be gleaned from this seemingly simple behavior: Discipline and planning. Bringing a brown bag lunch indicates that an employee takes the time to plan their meals ahead of time. This level of foresight and preparation often translates into their work habits, suggesting they are organized, proactive, and capable of managing their responsibilities efficiently. Such employees are likely to be reliable and disciplined, making them strong candidates for tasks that require attention to detail and long-term planning. Financial savvy. Employees who bring their lunch often do so to save money. This behavior shows an awareness of budgeting and a focus on financial responsibility, which can be valuable in roles that involve managing resources or cost control. Their financial mindfulness could indicate a practical, resourceful approach to problem-solving, making them suitable for roles that require fiscal prudence or operational efficiency. Health consciousness. Preparing a brown bag lunch allows employees to control what they eat, often leading to healthier choices. This shows a commitment to personal well-being, which can reflect positively on their overall energy levels, productivity, and ability to handle stress. Health-conscious employees may have the stamina and mental clarity needed for demanding projects, making them strong candidates for roles that require sustained focus and resilience. Self-sufficiency. Bringing lunch from home indicates a degree of self-sufficiency. These employees are not reliant on external sources (like restaurants or cafeterias) for their needs, which can translate into their work ethic. Self-sufficient employees are often independent thinkers who can take initiative and work without constant supervision, making them ideal for leadership roles or positions that require autonomy. Commitment to routine. Consistently bringing a lunch shows a commitment to routine and a structured approach to their day. This can reflect an ability to stick to schedules and follow through on commitments, important traits for any role that requires dependability. Employees with a strong sense of routine are often reliable and consistent, traits that are valuable in roles that require steady performance over time. Focus on productivity. Bringing a lunch means less time spent going out to eat, which can lead to more time focused on work. This indicates that the employee values productivity and may prefer to use their break time efficiently. Such employees may have a strong work ethic and a drive to maximize their productivity, making them valuable assets in fast-paced environments where efficiency is key. While bringing a brown bag lunch might seem like an insignificant, everyday decision, it can offer insights into an employee’s character and potential. Traits like discipline, financial savvy, self-sufficiency, and a focus on health and productivity are all positive indicators that can suggest strong future performance and growth within an organization. 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,

Are You Delegating or Demanding

May 24, 2017 No Comments

Throughout the course of building a business, you’ll learn over time to delegate tasks and responsibilities to various people with the right skill sets. Some of the most successful entrepreneurs, like Sir Richard Branson and Mark Cuban, state no one can do it alone. That’s certainly true, you can’t do everything on your own and for those who attempt to do so, learn the hard way it’s an open invitation to trouble and even outright failure. The best business owners know their strengths and weaknesses and through this recognition, develop strategies and relationships which maximize their professional potential. Are You Delegating or Demanding? Delegating responsibilities is just part of doing business. Done smartly, this increases productivity and gives companies potential to grow and prosper. It also allows team members to realize their potential and creates a healthier and happier work environment. Delegating shows your confidence in someone and gives them pride to take ownership of certain areas. In addition, delegating allows you to focus on what’s most important while others can put their efforts into other tasks. Delegating is a great way to ensure that more tasks get done in less time, and it also builds team capacity. Unfortunately, a lot of managers don’t pay enough attention to the delegation process, and thus fail to reap the benefits. —Fast Company Another aspect of delegating is it gives you the opportunity to evaluate a person’s performance. When you give a team member responsibility, their approach and results will speak volumes about what kind of work ethic he or she has and what he or she believes are acceptable standards. In addition to evaluation, delegating gives you the ability to learn which of your team members are best suited for certain tasks. All of these things are great about delegating — if you are sincere. However, there is a real difference between delegating and demanding. Demanding does the opposite of delegating. It stifles creativity, decreases productivity, and poisons the workplace. It also drives a wedge between you and your employees, as well as creates tensions among your team members. Demanding doesn’t give you a true chance to evaluate, either, because it puts unnecessary pressure on people. Here are some signs that you’re demanding and not delegating: You rationalize unrealistic expectations. When you demand, you know it to be the case, as does the other person. This creates a need to rationalize unrealistic expectations, not only to the other person, but to yourself. In the end, no one is fooled, but, it gives you at least a pretense of having reason to demand. Your employees mislead or lie to you. If you get the feeling or learn that an employee is misleading or lying to you, there’s definitely a reason. Before jumping to conclusions, you should look back and think about the overall situation. For instance, if you interrogate an employee who wants time off, you’re creating an atmosphere where there’s little choice and lying becomes the only viable option. You create emergency situations. We all know that unexpected things crop-up from time to time, but, if you’re turning every surprise into an emergency, you’ll feel an undue urgency and that can easily lead to demanding. You justify your actions as legitimate and/or legal. If you ever have to ask if something is legal just to get it done, that’s troubling. You shouldn’t have to walk such a fine line because if you are, chances are excellent that even if it is legal, it’s not entirely ethical. You don’t want to deal with this or that. Delegating is done because it puts the best talent where it is most needed. Demanding comes from a need to get something done, particularly a task that you don’t want to deal with personally. Another sign that you’re demanding rather than delegating is your willingness to take credit or give credit to the person who deserves it. If you are taking credit of the work of others and not giving credit where it is due, that’s unethical and will undermine your entire organization. In summary, your employees are your greatest appreciable asset. Invest in them through servant style leadership by delegating with clear expectations and the kind of results you are looking for … then ask; “what can I do to help you succeed with this responsibility or project?” Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]