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?

When You Bring Your Child to Work, Teach these Lessons

July 22, 2021 No Comments

Entrepreneurs often prefer to turn over their business to their children. (Of course, that’s not always the case, as Bill Gates so amply demonstrates.) But, if you’re planning on passing your business over to one or more of your children, you obviously need to teach them about said business. However, too many owners obsess over the nuts and bolts but fail to teach their children the most important lessons. Money isn’t Everything Everyone’s heard the cliche “money isn’t everything.” It isn’t. It’s understandable and essential to teach your children about money, particularly about the business’ operations and finances, including revenue and expenses. If your children will run the business one day, there’s no question it’s imperative to teach them about the minutiae of debt, equipment, materials, labor, insurance, payroll, and everything related to money coming in and going out. By becoming an entrepreneur — whether it is simply putting up a neighborhood lemonade stand, launching a landscaping business or developing a new app — kids can learn about budgeting, saving, spending and investing. It also helps children develop perseverance by learning from their failures, and it begins to introduce critical thinking. —CNBC.com Although this is necessary, it’s also just as important to teach your children how to run the business via your professional relationships. That means, how you lead, interact with employees and vendors alike, and with your peers, even your competition. It’s these lessons you shouldn’t overlook because it is critical your children understand how you handle your professional relationships. 3 Important Lessons to Teach Children about Business When you bring your children to your place of business, they’ll experience how you run it. More particularly, they’ll gain a perspective, form opinions, and draw conclusions from how you interact with the people you work with. And, this is where you’ll be exposed to a mirror of sorts, because you’ll see your way of running the business through the eyes of your children. So, here are three important lessons to teach your kids about business: Everyone deserves respect. Teach your kids by example how you treat employees with the respect they deserve. After all, this is how morale is built and people feel like they’re part of a genuine team. That’s a powerful and positive environment and one you would like to continue when your kids take over someday. No one is above everyone else. Similarly, teach your children that everyone is important. If someone isn’t important, there’s no reason for him or her to be present in the first place. Yes, teach them about hierarchy, but again, be sure to make them understand that every person plays a critical role and the skill set each individual brings is a valuable one to the health of the company. Competition is healthy and constructive. Additionally, you should demonstrate just how healthy and constructive competition is in a free market economy. For instance, teach your kids that competition fosters innovation and incentivizes businesses to pay employees commensurate with their experience, skill, and productivity. What other lessons would you say are most important to teach young entrepreneurs? Please share your thoughts and experiences because your perspective could help someone out! Interested in learning more about business? Then just visit Waters Business Consulting Group.

I Took Over the Family Business but My Parents won’t Let Me Run It

October 14, 2020 No Comments

You have taken over the family business. At least ostensibly. But, it appears that your parents (maybe one in particular), has yet to truly let go of the company. That is to say, your parents collectively, or mom or dad, are still running the day-to-day operations, even though they’re not supposed to do so any longer. It’s driving you crazy, and what’s more, it’s beginning to create a confusing situation among your employees. Worse still, you’re not getting the control and respect you deserve. So, what can you do? Common Family Business Challenges When a child or children take over the family business from their parents, it is not at all uncommon for the parents to stick around for a little while. However, if they continue with their normal presence and engagement, it can create a number of problems. First and foremost of course, is the fact that successors aren’t seen as true authority figures. But, that’s not all. While business owners typically make more money by selling to a third party, many want to keep their companies in the family. ‘If it’s a growing and thriving business, it should appreciate and produce income for the kids,’ says Amelia Heath, a lawyer in Portland, Ore., with Davis Wright Tremaine. ‘If the kids are involved, then giving them the business can be a good choice.’ —Kiplinger Because the children’s role has been marginalized, they don’t feel comfortable or empowered to make any needed changes. Obviously, the employee’s disposition at large will also be affected by this type of situation. In short, it creates an awkward and uncomfortable scenario that just can’t be tolerated. How to Take Over a Family Business from Parents Who won’t Let Go If you’re experiencing these types of circumstances, you’re probably very unhappy, to say the least. Though you appreciate your parents’ past and current contributions, you’re now the one that is supposed to be running the business. Even though they’ve passed it off to you, they’re still holding on to their previous roles. So, here are a few helpful suggestions: Have “the talk.” While it’s either the last thing you want to do, or you’re eager to jump into it, you’ll have to have a firm yet caring discussion. Get the point across that you greatly appreciate all they have done and would also be equally grateful to help you out as you need it, but you must take on the position they’ve passed to you to honor their legacy. In other words, treat them with respect and gracefully allow them to transition out of the company. Speak with your employees. Next, it will probably be necessary to speak to the employees in much the same way. That is to say, that you are now the one that is in charge of the business and they should look to you. Give them a little leeway with this, because if your parents are still even marginally involved, they’ll naturally feel obligated to listen to them. However, given a little time, the entire dynamic will change and the employees will respect your place as the head of the company. Get all your vendors up-to-date. The same thing holds true for vendors. Because they have a long-standing relationship with your parents, they will also feel more comfortable doing business with your folks rather than you. Just as with the employees, this too will change over time. Make necessary changes incrementally. Another way to make the transition go smoother is to hold off making any big changes in the short term. (At least, those things that can wait.) This way, your parents won’t feel as though they’ve been doing something wrong, or that you’ve been itching to making changes they’ve long resisted. What other suggestions do you have? Please take a moment 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

What Is Influencer Marketing and How Can It Help Small Businesses on Small Budgets

March 1, 2024 No Comments

What Is Influencer Marketing and How Can It Help Small Businesses on Small Budgets? Influencer marketing has become an essential part of the marketing landscape in recent years. It’s a powerful marketing approach that allows businesses to reach their target audience in a uniquely authentic way. So, read on and we’ll take a few moments to explore what influencer marketing is and how it can help small businesses on small budgets. What Is Influencer Marketing? Influencer marketing is a form of marketing where brands partner with influential individuals to promote their products or services. Most of the time, these influencers have a significant following on social media platforms and can help businesses reach their target audience more effectively. However, influencers aren’t just found among such individuals – they are also everyday people. Influencer marketing can take many forms, from sponsored posts to product reviews and giveaways. The key to successful influencer marketing is to find the right influencers for your brand and to build a relationship with them. In other words, someone who is a respected member of your community and someone who others trust. So, just about anyone with a good reputation who is also outgoing. For instance, volunteer coaches for kids’ sports leagues, parishioners in a church, individuals who perform residential services, and so on. You likely know one or two, perhaps three or more people who fit this description. They’re well-liked, trustworthy, and have a good rapport with others. How Can Influencer Marketing Help Small Businesses on Small Budgets? Influencer marketing may sound super-expensive, but it can also be an affordable and effective way for small businesses to reach their target audience. You just have to know what you’re looking for and how to go about it smartly. So, here are some ways that influencer marketing can help small businesses on small budgets: Reach a targeted audience. By partnering with influencers who have a following in your niche, you can reach a highly targeted audience. This can be more effective than traditional advertising methods, which can be expensive and may not reach your target audience. Build brand awareness. Influencer marketing can help you build brand awareness by getting your products or services in front of a new audience. This can be especially helpful for small businesses that are just starting out and need to build a following. Boost credibility. When an influencer promotes your product or service, it can help to boost your credibility. This is because their followers trust their recommendations and are more likely to try your product or service if they see that the influencer has endorsed it. Cost-effective. Influencer marketing can be a cost-effective way to reach your target audience. Many influencers are willing to work with small businesses on small budgets, and the return on investment can be significant. Overall, influencer marketing is a powerful tool that can help small businesses on small budgets reach their target audience, build brand awareness, and boost credibility. By partnering with the right influencers and building a relationship with them, small businesses can see significant returns on their investment. 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 602-435-5474, or, if you prefer, send us an email. You can also visit us at Waters Business Consulting Group to learn more about us and the services we offer.