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 to Transition from a Self-Employed Job to an Actual Business

September 24, 2020 No Comments

There’s a really big difference between owning your own job and owning a business. we’ve touched on this subject before, and how to tell one from another. But if you’re in this situation (read: predicament), You’re probably wondering how to transition or more particularly, transform, your self-employed job into a full-fledged business. it’s not necessarily a simple process, but it’s definitely not impossible, in the vast majority of cases. With the right advice, and a bit of vision and perseverance, you can make the transition from a self-employed gig to an actual business. The Difference between “Owning” Your Own Job and Owning a Business If you’re reading this article, chances are excellent that you are in a particular set of circumstances. That is, you don’t work for an established corporate entity, but do work for yourself. However, you’re a one person show. You do it all. Everything is up to you. Most Americans love the idea of starting their own business and being their own boss. Who wouldn’t? If you already have the skills to deliver the product or service to customers, why would you not set out on your own? The sad truth is that most business owners in today’s world do not actually own their own business — their business owns them. They never learn how to create business models capable of producing both time and financial freedom. —Forbes It’s you who is responsible for the productivity, the customer service, the back office stuff, marketing, and everything that goes into making it possible. But, you don’t have any employees, or contractors, or only occasionally rely on others to pick up when you simply can’t do it on your own. In other words, if you’re not working, you’re not earning. However, if you can leave the operation to others, and are not the soul producer, then you own a business. This represents the key distinctions between the two. How to Transition from a Self-Employed Job to an Actual Business Now, given those very stark differences, how exactly do you transform your self-employed job into a real business? Basically, you’ll have to change and break a number of routines and habits. Here’s some helpful steps you can take to make the transformation happen: Envision what you would like the business to eventually be. This is something that you’ll have to constantly revisit in order to make your dream come true. Even if you hire someone part-time, or get to a position where you have more than one full-time employee, you must always think about the next step up. Expand your team. Okay, This sounds blatantly obvious, but it’s something that too many people in this position get hung up on for way too long. They might occasionally rely on a freelance contractor, or even higher on one or more part-time or full-time employees. But, they’re always focused on productivity, rather than actually expanding the business with marketing, networking, and more. Instead, bring in one person to contribute to the work at hand. Then, bring on someone else to help with the administrative side. You can repeat this process a couple or few more times to really build up a fully legitimate business. How to Cash Flow Expansion. One of the greatest challenges for solo business operators, is to ensure they sufficient cash reserves and cash flow to capitalize their expansion. Consequently, they simply accept their current status and don’t take on the risk to expand. Frankly, your risk of starting your business was much greater than expanding! This will help; Forecast or Budget what you estimate you will need in terms of capital to cash flow the next 6 months of expansion (new hires, added marketing, etc.), until the sales increase sufficiently to offset your increased cost of hiring support. Then, the key is to offload your responsibilities that can be done by someone else, and only take on those responsibilities that brings in revenue and the highest value to your expanding business. What other suggestions do you have to truly transform a one-person gig into a legitimate business? 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.

Top 5 Entrepreneurship Myths You Probably Believe but Shouldn’t

March 12, 2018 No Comments

Entrepreneurship myths are everywhere. They populate the minds of anyone who dreams of striking out on their own. Heck, even successful entrepreneurs believe some of them. (At least at some point in their journey.) The reason entrepreneurial myths are so widely believed is because they involve risk. And, everyone is risk-averse (to one degree or another). Therefore, these misconceptions live on and keep good people from following their passions. But, you don’t have to believe them. Two Common Entrepreneurship Myths Let’s start with two common entrepreneurship myths; then, we’ll get on to the big three. First is the old nagging feeling that money is the single biggest obstacle. Nonsense. You can start a business in about 10 minutes using social media and a little imagination. Now, you’ve got to know how to use social media to effectively promote your business. But, the point is, you can find a ton of free and really cheap ways to get things going in a short amount of time. As people are trying to navigate away from the “corporate jungle” towards the land of supposed “entrepreneurial utopia,” a lot of misconceptions arise. Perhaps this has to do with the media, advice they have received or what is heard through the grapevine but often these insights can derail a person from taking the plunge in the startup world. Or cause them to jump on the entrepreneurial bandwagon, when they have no business doing so. —Entrepreneur.com Another common entrepreneurial myth is that making more money is the best motivation. This simply isn’t true. And, it’s actually somewhat dangerous. If you’re only motivated by money, your heart and mind are in the wrong place. Of course, there’s nothing wrong with earning a better living but it’s foundation can’t be greed. 3 Biggest Entrepreneurship Myths The fact of the matter is money isn’t an obstacle and it’s a bad motivator. But, this isn’t the only challenge people let get in their way of realizing their dreams. Now, let’s get into the three biggest entrepreneurship myths people believe: The more customers, the better. At the bottom of the top three is the notion that more customers means more success. Which in turn means, the better. Two words about that: Not. True. Quality will always trump quality. What’s more, it’s a risky situation — especially early on. You’ll spread yourself too thin and that will only hurt you in the long run. Focus on the ones who make it a pleasure and let go of those who waste your time or have unrealistic expectations. You need an inherent entrepreneur trait. Some people actually subscribe to the notion there are “born entrepreneurs.” Of course, there are individuals who have a knack for it but that doesn’t mean everyone else is shut out. It just takes work, self-confidence, and most of all, persistence. Those who go forward and don’t give up have a much higher success rate than those who don’t. It just takes one great idea to make it work. Now, we’re at the biggest of all entrepreneurial myths. And, that’s believing you only need one great idea. While this is a key element, it won’t work as a magic bullet. Lots of people have great ideas. The trick is to define it and market it effectively by testing the market and remaining persistent with discipline and consistency when things get difficult. What other entrepreneur myths do you think people believe? What suggestions do you have to get past them? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

How to Get Past All the Hype about a New Business

September 7, 2018 No Comments

Samuel Langhorne Clemens, otherwise known by the pen name Mark Twain, once said, “There are three types of lies: lies, damn lies, and statistics.” Today, we’re past the sad story of Theranos and the fall of Elizabeth Holmes. But, Elon Musk and Tesla are filling the void. (As are a number of other brands and emerging technologies.) You can pick your favorite, because there are a number of these hyped or buzz generating entities out there. And, it’s precisely the attention and shine that fools so many people. This includes people looking for opportunities to go into business for themselves. So, how do you know if it’s legitimate or just hype? Why Hype often Falls Short Let’s begin with an important lesson. Buzz dies down and hype eventually wears off. But why? The question is more about a matter of time than some exotic explanation. The fact of the matter is, when an organization or a product is surrounded by hype, it’s usually due to an artificial yet real, phenomenon. In other words, some outrageous (or ingenious) marketing tactics work. People are awe-struck and want to believe. Fortunes were made on products using such hype marketing strategies. Many a consumer bought in to the sizzle once, never to be burned again by products that couldn’t possibly live up to the hype. The world’s a different place today, and consumers are far more demanding. The list of tactics that no longer work on today’s savvy consumers is long, and so is the list of things you can learn from the failures of hype-marketing tactics. —American Express OPEN Forum Although, we all know, reality will rear its presence, at some point. There comes a time when hype and buzz just can’t conceal the fact there’s not much there, there. When the dust settles, hindsight becomes 20/20. Now, sometimes, like in the case of Theranos and Elizabeth Holmes, it’s just investigative reporting. But other times, it’s just high expectations. Remember when the Segway concept first leaked to the public? It proclaimed the future of transportation. That fell way short. How to Get Past All the Hype about a New Business So, just how do you tell if a business idea or even a product or service is only hype? What are the telltale signs? Unfortunately, there’s no magic bullet. But, there are some things you can to do get past all the hype about a new business: Quick! Stop the press! Thomas Edison didn’t exactly invent much. In fact, he once said he’s more of a sponge than an inventor. He also used what’s known as the vaporware marketing tactic. Hearing a rival would soon introduce the first incandescent light bulb, he invited newspaper reports to see his, first. He brought them into a room, one-by-one. And, showed them a prototype. He’d then hurry them out just before it burned out. The same remains true today. You’ve got to look past the glowing press coverage. Look at the fundamentals. Speaking of looking past the media buzz, how about going a bit deeper and actually investigating the fundamentals. Is the company sound? Does it have a workable plan to grow? These and other questions will help you separate fact from fiction. If it sounds too good to be true… Okay, this is practically cliché. Or is it? Take a big step back. Take time to breathe. And, come back with a fresh disposition. If it sounds too good to be true, it probably is. But, it takes an objective look to cut through the buzz. What other ways do you spot hype? How do you look past the buzz and get to the real story? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.