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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Ways to Build Strategic Partnerships

May 16, 2017 No Comments

There are many ways to build a business, and few are as powerful as establishing strategic partnerships. Ideally, these create win-win scenarios where both parties benefit. The problem with such relationships is they can become more of a burden than a help, particularly when rushed, or, when done with disregard for others. Savvy business owners know the benefit of strategic partnerships, forging an alliance with another entity to provide more products and services to their customers. In fact, a 2014 survey conducted by PricewaterhouseCoopers revealed that in excess of 80 percent of CEO’s looked to create such relationships. However, the sad fact about these partnerships is that a 65 percent were actually successful, so, 15 percent of those did not work out. Ways to Build Strategic Partnerships Strategic partnerships are generally sought in order to expand without the cost of an actual expansion. It allows entrepreneurs to tap into resources with existing structures and increase their books of business. Unfortunately, empirical data shows that half of these business relationships fail. The reasons are many, but it can be avoided if you take the necessary precautions. The formula for a successful strategic partnership may seem easy: 1 + 1 = 3. Indeed, partnerships are a proven way to boost the bottom line. American Express surveyed small businesses in government contracting and found that those who teamed up won 54 percent more prime contracts than average. But creating effective alliances is not always so easy. Partnerships gone wrong can lead to frustration, financial losses and even litigation. —Success.com Of course, no amount of caution or preparation guarantees things will work out without a hitch. Small businesses can really benefit from strategic partnerships, but to do so, you have to establish a good rapport and be transparent as to your wants, needs, as well as expectations. Here are some ways to build strategic partnerships that will help your company grow while benefiting your business partner: Know and quantify your abilities and resources. One of the worst decisions to make is to form a strategic partnership without being able to fulfill your obligations. You certainly don’t want to crack egg all over your face. So, don’t put yourself in such a position and know precisely what you can bring to the table and be upfront about it. Even if you can patch together enough to deliver when necessary, you don’t want the stress that comes with this kind of a situation. Be very clear on your “why.” Another huge, colossal mistake, that business owners make is forming partnerships simply to increase their bottom lines. While that is definitely part of the equation, if you don’t go into a relationship with selfish service in-mind, you’re setting yourself up for big time disappointment. Ask yourself honestly why you want to form a business relationship. If you can’t find an answer other than money, you’re eventually going to sabotage your own efforts. Ask for reasons why potential partners want to connect.What’s true for you is just as true for potential partners. Don’t be afraid to ask penetrating questions to get at the truth. If you discover he or she is on a one-way self-serving mission, you definitely need to pass. Seek those with a shared vision and value system. Take it a step further than just asking questions and get to know him or her before you partner. Build a relationship and during that time, you’ll learn their vision and values. Go slow, learn, and take the time necessary to make the right decision. In addition to these, don’t expect miracles to happen after you form a strategic partnership. In fact, you ought to expect to be uncomfortable from time-to-time by getting out and meeting with your strategic partners face to face. There’s just no way to hedge against every possible contingency, but fostering and developing positive relationships will build trust and eventual business between the strategic partners. Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]

Are You Focused or Frantic?

April 8, 2017 No Comments

The world of business is often a fast-paced one, an environment which requires attention to many details and dynamics. Those new to the entrepreneurial experience are usually shocked by the sheer amount of things which need to be done. In response to these needs, some business owners try to attend to more than one matter at a time, a solution often called “multitasking.” Unfortunately, abiding by the adage “killing two birds with one stone,” is a counterproductive solution. When you multitask, you lose, plain and simple. Talking on the phone while picking-up groceries or walking the dog while replying to an email seem like smart time-saving ideas, but, they aren’t. You’ll forget the loaf of bread or to run spell check before hitting “send.” It’s a matter of attention, which is to say a matter of fact. We’re not biologically engineered to do multiple things at a time, which is why it’s tricky to pat your head and rub your belly simultaneously. When multitasking is attempted, your attention is less attentive to each task, and something inevitably gets missed. How to Maintain Your Focus in Business Let the nearby quote sink-in for a moment. How professional athletes, trained engineers, scientists, physicians do what they do best isn’t done by trying to do many tasks all at once. They use a process, an incremental approach to everything in a focused manner. When you play a game of chess or go into the gym, you do so with purpose. No matter what the experience, there is purpose, even watching a movie you’ve seen countless times has purpose–to unwind or just to re-live a feeling. It’s not a big surprise that big league baseball players can hit a pitch far better than the rest of us. Research on the game’s best hitters has shown that they have excellent hand-eye coordination and can respond quickly to visual cues. Indeed, one of the keys to a superior ball player’s performance is excellent vision and focus that allow him to see a baseball perfectly as it travels at high velocity toward home plate. —Forbes You’re in business for a purpose and a good one at-that. Regardless of what you sell, your aim is to fulfill a need and derive personal satisfaction, as well as a sense of accomplishment. Those are admirable but what’s probably holding you back from delivering your best is you’re not giving everything your best, you’re simply rushing through one task to get to the next–to rush through it as well. Your argument (read: rationalization) for doing so is that you simply don’t have enough time. Time management is an art-form, but it wouldn’t be as high a priority if you did not have to redo what you just did…again. By focusing, you’re not wasting time, you are ensuring thoughtfulness, quality, and attention to detail–the list goes on and on. What you need to do to succeed in business is be in the business of taking care of business. This doesn’t mean taking an important phone call while on the treadmill and juggling to eat your lunch without spilling it. The person you’re speaking to will certainly know what you’re doing, even though he or she cannot see you, precisely because your attention is distracted. That does not equal good business practice, it undermines and worse, inflicts damage. If “location, location, location,” means everything in real estate, then, focus is of the same importance in business. Here are some things you should be doing, every single day: Eliminate distractions. It’s not rude if you close your office door or go outside to sit on a bench to concentrate, it’s healthy for your psyche, and, for your business. Although I have a home office, I purposely operate out of a professional business office that provides the environment, the accountability and allows me to be more focused and productive. Distractions are the hobgoblin of business, the less, the better. Batch like tasks. If you read each email as it arrives, you’re doing it wrong. There’s an unseen, yet, really felt harm in doing so, because it breaks your focus. Batch similar tasks and schedule these in blocks. An example is email as the first, unfinished tasks as the second, new tasks as the third, you get the idea. Do what’s most productive and works best. Prioritize according to importance. Our natural inclination is to do what’s easiest or what we most prefer, but we also are quite aware of the consequences. If you’re doing this, it’s why you don’t feel much personal satisfaction and like you’re not really moving your business forward. Put everything in its place. You might call it O.C.D., but it’s actually very smart to have a place for everything and put everything in its place. I have very specific spots on my desk for client project priorities, my own business and personal business priorities, prospects, etc. Essentially, the only piles on my desk are those that are high priority so that my focus is aligned. The time you spend looking for this or that might be small, but add-up all those moments and you’ll marvel at the immense waste. One last suggestion is to harness the power of your body’s healing power–sleep. It’s hard to be an entrepreneur but it’s even more difficult when you’re making it more difficult by not getting a good night’s sleep. Instead of watching the late night news, I started going to bed earlier. As a result, I have been getting up earlier to go to the gym, which provided energy and clarity for creativity and productive focus during my day. Turn off the technology, let your brain rest, and rejuvenate each and every night. [shareaholic app=”follow_buttons” id=”26833294″]

How to Avoid the Prisoner’s Dilemma Business Trap

February 18, 2021 No Comments

The prisoner’s dilemma is a simple principle that explains a very inconvenient paradox. That being, when two or more people are in competition to reach the same goal, instead of working together, they’ll more often make self-serving or sub-optimal choices to their desired end. In other words, they won’t work as a team, attempting to obtain the same result, but rather, as mutual competitors. When this happens, it can easily lead to unhealthy competition, jealousy, infighting, and poor company morale. Fortunately, there are a few effective strategies to cope with such situations. What Causes the Prisoner’s Dilemma in Business Named for a scenario to explain why prisoners do not routinely rise up against the guards of a penitentiary, the prisoner’s dilemma attempts to define why it is that inmates don’t rally together to overtake the facility in order to ultimately escape. (After all, they greatly outnumber the guards and other staff.) …a teaming mindset must be adopted on purpose. Team leaders must paint success in the team as something shared and expansive. Because seeing success this way is rarely spontaneous, leaders have to go out of their way to convey — to sell, really — the upside of collaborative work. The message must be that success can be greater and more exciting when people work together. When this is done well, team members tend to focus more on the work than on themselves. They also focus on what the work means for the company’s value proposition — for their customers. —Harvard Business Review The reason behind it is simple — while everyone might be ostensibly working toward the same goal, that is taking over and breaking out of the prison, each person will act in their own individual best interest — this ultimately leads to chaos and of course, makes the end goal of escaping nearly impossible. Effective Strategies for Dealing with the Prisoner’s Dilemma in Business You might have noticed this dynamic working out among your sales team or any given group of employees. They seem to be in a constant state of competition, even to the point of harming your company’s overall goals. The good news is there are ways to deal with such scenarios, like the following: Encourage healthy discussions. Although some individuals seemingly always do what’s only in their self-interest, very few will continue such behavior if they know that it’s counterproductive to their future. During sales meetings, come up with common strategies that everyone can agree to follow and put everyone on the same path toward your desired goals. Scrutinize potential hires. If someone has a very impressive track record, but hops from one company to another, that’s obviously a red flag. So, listen carefully during the interview process for attitudes that convey job dissatisfaction, unhealthy competition with previous employees/employers, and other negative perspectives and emotions. Such individuals will tell you in not-so-subtle ways that they don’t work well with others. Reward genuine teamwork. Ronald Reagan copied a famous inspirational phrase by repeating this sentiment, “It’s amazing what can be accomplished when nobody cares who gets the credit.” This is very difficult for any group, especially those in a competitive environment. But, if you reward everyone involved for working as a team to reach their goals, you reinforce positive behaviors. What other suggestions do you have? Please take a moment to comment and 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.