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?

Share on Facebook
Share on Twitter
Share on Linkdin
Share on Pinterest

Related Posts

How to Avoid the Prisoner’s Dilemma Business Trap

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.

Read More »

What are the Pros and Cons of Giving Small Business Employees Holiday Bonuses

Small business employee holiday bonuses have their advantages and disadvantages. As with most kinds of incentives, it creates different scenarios that small business owners should be aware of before introducing them. As any entrepreneur knows, there are upsides and downsides to just about everything. So, let’s take a quick look at the most common pros and cons of giving small business employee holiday bonuses. Small Business Employee Holiday Bonus Cons We’ll start with the disadvantages. First, it creates unrealistic expectations. For instance, if you have a stellar year and profits are high, it’s only natural to want to reward your people. But this sets up an expectation for the following year, even if it’s a very poor one. Also, bonuses sometimes fosters unhealthy competition. In other words, it will cause some employees to up their game substantially, even at the expense of their teammates. Also, one person might exceed expectations so much, his or her performance could cost you a hefty tax bill. Your small business can’t operate successfully without the help of your employees, which is why it’s important to maintain a happy, focused workforce. Of course, giving your hardworking employees a bonus or raise can decrease turnover and boost staff morale, but these monetary rewards can easily take a toll on your business’s bottom line. —Intuit QuickBooks Speaking of taxes, giving out bonuses creates new tax implications for your small business. Of course, that’s not your employees’ problem but it will certainly cause you to think twice. Lastly, another downside of bonuses –specifically performance-based models — is the fact it might marginalize and/or demoralize those who aren’t eligible or simply do not perform as well as top producers. Small Business Employee Holiday Bonus Pros Now, let’s look at the benefits of giving small business employees holiday bonuses. Bonuses incentivize employees. On the flip side, overall employee performance will notably increase — probably enough to substantially benefit the company’s bottom line. Of course, that’s a terrific win-win scenario and one you’ll definitely strive to repeat as many times as possible. Bonuses help retain key staff. Bonuses are also a great retention tool, particularly for performance-based models. It helps to give employees more control over their earnings and hence, take ownership in the company. Plus, that extra earning power reiterates the fundamental attractiveness of the company itself. Bonuses instill responsibility. Bonuses are a powerful motivator, so much, individuals will likely take on more responsibility, even to the point of tackling tasks not in their job descriptions. For instance, a salesperson who personally picks up and delivers one or more orders when other team members are struggling to keep up or falling behind. What other pros and cons about giving employee bonuses would you add? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Read More »