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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Steps to Starting a Successful Side Business

May 16, 2017 No Comments

There’s nothing wrong with supplementing your income, or, to start on a journey to pursue a dream. A side business is an avenue for both, but, like most full-time employees, you’re wondering just how to get started. It might surprise you, but it’s not just about the logistics. While the nuts-and-bolts are certainly vital, you’ll also have to deal with other things. In other words, it’s not just about carving out the time, being able to deliver on your promises, but also, finding personal fulfillment. Too many people start side businesses, burn the candle from both ends, and wind-up burning out. What you do need to understand is that, especially early on, the right mindset is key to future success. You’ll probably start out on fire, ready to tackle whatever comes your way. Inevitably, there will be problems, whether big obstacles or temporary setbacks. If you keep in a positive frame of mind and learn from mistakes, you’ll go much further. You’ll also need a workable game plan that rewards each achievement step you reach. Steps to Starting a Successful Side Business First, you must consider a few things, such as: is this a needed service or product? Can I deliver on a tight schedule? What competition will I face? Is there room for scaling-up? Of course, the biggest question will be can the time invested turn a profit and if not immediately, when will it realistically do so? People’s initial motivation is often money – they want to save more, pay off debt or simply afford a better lifestyle for themselves and their families. But then, it often morphs into something deeper, as people realize that their side businesses allow for a creative expression and satisfaction that can be hard to find in their full-time jobs. —Entrepreneur.com Next, understand and accept that you’ll have two demanding jobs. That’s going to bring some stress, it’s just unavoidable, and, it will also zap your energy. The trick is to set your sights on your goals and be convinced they are within reach, it’s okay if it takes time to realize. Don’t make the mistake of rushing because you’ll likely sabotage yourself and be willing to give it a solid test run, knowing that it might not work out. If you’re willing to make the commitment, get past the planning and taking action, you can make it work. Getting down to the nitty-gritty, the following steps are what you’ll need to do in order to start a successful side business: Reframe your way of thinking. Don’t let your day job be an obstacle, instead, think about all the positive things it provides. First, it does put a constraint on you, but that’s a good thing because it spurs creativity. In addition, look at your full time position as a funding source and a place to sharpen your skills. Determine workable, key actions. You’ll need a written list of workable, key actions — things that will move your idea forward, but don’t just keep ruminating. Every step should move you in the right direction with purpose. Restructure your schedule. This probably sounds too obvious, but too many people who try to start a side business, fall prey into thinking their schedules are already set. Dedicate routine times to work your side gig and be willing to make adjustments as necessary. Network whenever you can. If circumstances allow it, you can network at your full-time position, letting co-workers know what you’re offering. If not, there are plenty of other venues: your child’s school, your church, your gym, places you volunteer and visit often. Entrepreneurs are one of America’s greatest assets! Whether you are starting a business part time or full time, now it’s your turn to be an All American Entrepreneur while achieving your goals and growing our economy one great business idea at a time! [shareaholic app=”follow_buttons” id=”26833294″]

How to Deal with a Business Partnership that’s Going Bad

July 6, 2023 No Comments

Business partnerships are often formed with high hopes and mutual goals. However, sometimes partnerships encounter challenges and start to go sour. Dealing with a failing business partnership can be emotionally and professionally challenging, but it’s essential to address the issues head-on and explore potential solutions. How to Deal with a Business Partnership that’s Going Bad Since this is such an important issue, we’ll provide some advice on how to navigate a deteriorating business partnership, including strategies to address problems and steps to take if the partnership cannot be salvaged. Communication is key. Effective communication is the foundation for resolving issues in a failing business partnership. Schedule a dedicated meeting to openly discuss concerns, frustrations, and areas of disagreement. Allow each party to express their thoughts and actively listen to understand the other’s perspective. Create a safe and respectful environment that encourages honest dialogue and promotes problem-solving rather than blame. Identify the root causes. To address the problems in your partnership, it’s crucial to identify the underlying causes. Pinpoint specific issues or challenges that are affecting the partnership’s success. These may include differing visions, incompatible work styles, misaligned goals, or a lack of trust. By identifying the root causes, you can develop targeted strategies to overcome or mitigate them. Seek mediation or professional help. If communication alone doesn’t resolve the issues, consider engaging a neutral third party, such as a mediator or business consultant, to facilitate constructive discussions. A skilled mediator can help navigate difficult conversations, find common ground, and offer unbiased guidance. Additionally, seeking advice from an experienced business coach or consultant can provide an objective perspective and help identify strategies to improve the partnership dynamics. Renegotiate terms and roles. If the partnership is salvageable, it may be necessary to renegotiate the terms and roles to address the identified issues. This could involve revisiting the partnership agreement, clearly defining responsibilities, and setting realistic expectations. It’s crucial to find a compromise that considers the needs and aspirations of both parties, ensuring a fair and balanced arrangement moving forward. Establish a clear communication and conflict resolution protocol. To prevent future conflicts or misunderstandings, establish a clear communication and conflict resolution protocol within the partnership. Define guidelines for regular check-ins, decision-making processes, and conflict resolution mechanisms. This creates a framework for addressing issues promptly and constructively, fostering a healthier partnership dynamic. Consider an amicable dissolution. Despite efforts to resolve the issues, there may be instances where the partnership is no longer viable. In such cases, it’s important to consider an amicable dissolution. Evaluate the financial and legal implications of ending the partnership and consult with an attorney if necessary. Develop a plan to separate assets, liabilities, and ongoing responsibilities in a fair and equitable manner. Learn from you experience and move on. If the partnership fails, it’s essential to view it as a learning experience and an opportunity for growth. Reflect on the lessons learned, including the warning signs that led to the partnership’s deterioration. Take the knowledge gained and apply it to future endeavors, ensuring better decision-making and partner selection processes moving forward. Dealing with a failing business partnership can be challenging, but addressing the issues directly and honestly is crucial to finding a resolution. Effective communication, identification of root causes, seeking professional help if needed, renegotiating terms, and establishing clear protocols can potentially salvage a partnership. However, if the partnership cannot be salvaged, an amicable dissolution may be the best option. Remember to learn from the experience and use it as a stepping stone for future business endeavors. Ultimately, the key is to prioritize open communication, respect, and the long-term success of all parties involved. What other suggestions do you have for dealing with a business partnership that’s going bad? Please take a moment or two to comment with your own thoughts and experiences so others can benefit from your perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group to learn more about us and the services we offer.

How to Deal with an Employee with Limited Work Capacity

January 6, 2021 No Comments

Having a good employee who is restricted in their capabilities can be a very challenging situation. This is especially true if he or she is a valued team member, but can’t put in the hours due to certain limitations. Whether it’s a preexisting condition, and injury suffered on or off the job, you obviously have moral, ethical, and legal responsibilities to him or her. However, this doesn’t mean that they are completely protected from being terminated or having their role and/or responsibilities changed. Although this article isn’t specifically about legal ramifications, it will give you some effective tools on how to deal with this particular set of circumstances. Read on to learn more about how to deal with an employee who has limited capacity. Every Situation is Different Limited capacity can mean the number of things, including an inability to perform certain physical tasks, and other situations. But, most often it is due to a physical limitation which prevents him or her from fulfilling one or more of their responsibilities. These can range widely, from an inability to lift certain amounts, to not being able to sit for a protracted period of time. An ever persistent problem facing employers is what to do with the employee who is chronically sick or has a serious health problem. Besides the obvious issues it presents to the employer- additional strain on other employees to pick up the slack; inability to properly staff and manage work loads; basic coverage concerns- there are also potential state and federal legal ramifications if the absences are not handled and documented correctly. —HNI Risk Services Whatever the case may be, It is up to you to be as accommodating as possible, without fully compromising your company’s position. In other words, it’s best to strike a balance and find a happy medium where you can accommodate their needs while also allowing them to fulfill most or all of their work responsibilities. 3 Key Ways to Deal with an Employee with a Limited Work Capacity There’s no hard-and-fast set of rules for coping with an employee who can only work in a limited capacity. After all, no two sets of circumstances are exactly the same. But, there are some general parameters you should observe. Here are three good ways to deal with a team member who is limited in their work capacity: Gain a real understanding of the circumstances. Whether it’s a back problem, issues with a disease, or anything else, you need to have a very clear idea of what’s going on with your employee. Understand precisely what his or her limitations are and aren’t. This way, you’ll have enough information to make good decisions when it comes to his or her role and responsibilities. Make strategic concessions where necessary. Even your best employee can suffer from very unfortunate sets of circumstances and still be able to contribute to your company in a number of ways. Though it’s difficult to comprehend or even accept, it could be a detriment to your business (that is, if you insist on keeping everything the same). So, think outside the box and make strategic changes so he or she can continue to be a productive asset for your company. Realistically reassess the situation periodically. Sometimes, this can be a long-lasting situation that can go on for years. Or, it could only last for several months. Regardless, you need to take the time to reassess the situation every now and again. What other suggestions do you have? Please take a moment to share your thoughts and experiences so others can benefit from your unique perspective; it’s greatly appreciated! Interested in learning more about business? Then just visit Waters Business Consulting Group.