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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If You’re Too Nice, You’ll Hurt Your Business, Here’s Why

August 30, 2018 No Comments

Just be nice. You’ve heard it from your mother. You heard it in kindergarten (and through school). It’s on tee-shirts and bumper stickers. And, it’s good advice, for the most part. But, it’s a recipe for disaster when it’s always your default disposition. Sure, you should be nice to people as it’s the polite thing to do. But, being too nice will cause all kinds of unintentional issues. Read on to see why. How Assertiveness can Hurt You On the flip side, being too assertive can also be quite harmful. Don’t get the wrong impression. You do need to be assertive, just at the right “temperature.” If you are too assertive, you’ll come across as overbearing. And, downright mean, in some situations. People also might think you too coarse and possibly aloof or antipathetic. Leaders are placed under a tremendous amount of pressure to be relatable, human and … nice. Many yield to this instinct, because it feels much easier to be liked. Few people want to be the bad guy. But leaders are also expected to make the tough decisions that serve the company or the team’s best interests. Being too nice can be lazy, inefficient, irresponsible, and harmful to individuals and the organization. —Havard Business Review Assertiveness can also be taken as overly self-serving. Basically, it’s an attitude that can easily come across the wrong way in more ways than one. Although, assertiveness does have a purpose and when it’s used strategically, it’s highly effective. That’s because striking a balance gives you the best of both worlds and a positive perspective. Which ultimately helps you to see things more clearly and make better decisions. Top Ways being Too Nice is Harmful Conversely, being too nice, is at best, problematic. It creates illusions that simply can’t be sustained. In essence, it’s a false impression, even if you’re being genuine. How? Well, here’s how being too nice is harmful in business: You project weakness. When you’re overly nice, you’re perceived as a pushover. It’s that simple. People who have this impression will try to take advantage, when and where they can. And, that sets-up a bad scenario. You attract the wrong people. Another problem with being too nice is that it does attract the wrong sort of people. Some others will take this as a green light to burden you with their own problems. Which means, you’re inviting unnecessary stress and drama into your life. People might feel distrustful. Niceness can bring out negative feelings in others you interact with. For instance, someone could sense you’re actually concealing your true feelings and merely putting up a front. So, they manifest a sense of distrustfulness. You bias your own expectations. When you’re constantly nice, you might make others feel better. But, you’re also inadvertently warping your own expectations, thinking everyone else should treat you the same. How do you balance being courteous and polite with also being assertive? What other advice would you offer? Please share your thoughts and experiences! Interested in learning more about business? Then just visit Waters Business Consulting Group.

My Employees are Making Excuses about Coming Back to the Office — What Can I Do?

March 31, 2021 No Comments

Although many parts of the country are reopening, some people might not be ready (or comfortable) with returning to the workplace. Of course, if this is happening to your business, it can not only be frustrating, but quite harmful to your company’s overall health. And, it’s certainly more preferable to bring back known quantities, rather than to try and replace trusted staff. But, you’ll have to convince those reluctant individuals first. Common Coronavirus-Related Excuses Employees might say they get the same amount from unemployment as they earned prior. Some will say their child’s school is closed or they take care of an elderly parent. Others might cite ongoing health conditions and any exposure to COVID is a severe risk. Unfortunately, these reasons are difficult to argue against. While a one-time incident may be overlooked, small-business owners cannot afford to accept excuses for ongoing performance problems. In a small organization, other employees quickly notice when excuses are allowed. By tolerating excuses, you create a culture of avoidance rather than responsibility. —Houston Chronicle Small Business However, employees who believe the workplace is unsafe is another matter. It’s much easier to convince them about proactive and other protective measures. But, that certainly doesn’t mean it’s a cinch to change their minds, either. How to Deal with Employees Who are Stalling Coming Back to Work Obviously, if someone is obstinate enough, it might not be worth the time and energy. But, if there are a few minimal concerns, it’s entirely possible to convince them to return to the workplace. Here are some helpful suggestions: Emphasize safety. If they are concerned about being around a large group of people again, you can always reduce the number of people in the office, and/or space them apart. Having the office sanitized from top to bottom by a professional cleaning service will also go a long way in reducing worry and anxiety. Give them more flexibility. Consider changing your sick policy in order to accommodate people who might be out for an extended period of time. You can also look into different health insurance plans to see if there’s something better available. Offer incentives. If someone is truly fearful about returning to the workplace, this probably won’t work. However, people that would rather continue to work from home will most definitely want to take advantage. The type and amount of incentives are up to you, but they could go a long way in changing minds. Use your influence. While you might prefer not to result to ultimatums, sometimes these are the only way to really get through to the most stubborn people. Obviously, you can’t do anything illegal, but you can change your businesses policies in regard to working remotely versus remotely working on-site. What other suggestions do you have to deal with employee excuses about returning to the workplace? Please take a few minutes to share your thoughts and experiences. Perhaps others can benefit from your unique perspective. Interested in learning more about business? Then just visit Waters Business Consulting Group.

How Small Business Owners can Prepare for a Recession and Beat Out their Competition during Economic Downturns

April 7, 2023 No Comments

In an economic downturn, small businesses are often hit the hardest. It’s a challenging time for everyone, but for small business owners, it can mean the difference between survival and closure. Preparing for a recession is key to making sure your business stays afloat, and outperforming your competition can give you an edge that keeps you ahead even after the economy has recovered. How Small Businesses can Prepare for a Recession One of the most important things that small business owners can do to prepare for a recession is to build up a strong financial foundation. This means having a healthy cash flow, low debt, and a solid reserve of savings. Having a strong financial foundation will give you the flexibility to weather the storm of a recession and to continue operating your business even if sales decline. Cutting costs is also one of the most important things small business owners can do to prepare for a recession. Review your expenses carefully and look for areas where you can save money without sacrificing quality or service. As a small business owner, the idea of a recession can be scary. Many businesses have not been through a recession. It’s much easier to make money when things are good in the economy than it is when times are tough, but that doesn’t mean a small business can’t survive and even thrive during a recession. —Entrepreneur.com Another important step that small business owners can take to prepare for a recession is to diversify their business. This means offering a variety of products or services, targeting a variety of markets, and having a presence in multiple locations. By diversifying your business, you can reduce your reliance on any one market or customer segment. This will make your business more resilient to the ups and downs of the economy. How Small Businesses can Outperform their Competition during an Economic Downturn Now, it’s not enough to be prepared for tough economic times – you must also be equipped to perform to your best and even beat your competition by making key moves at strategic times. Here are some ways to do just that: Diversify your offerings. Again, one of the best ways to prepare for a recession is to diversify your offerings. If your business relies heavily on one product or service, it’s time to start exploring other areas you could branch out into. This could mean offering new products or services that are more recession-resistant, such as essential items or affordable luxuries. For example, a restaurant might start offering takeout or delivery services in addition to their dine-in options. A clothing store might start selling more affordable items to appeal to customers who are tightening their belts. Focus on customer service. During tough times, customers are more likely to stick with businesses they trust and have had good experiences with. By focusing on customer service, you can build relationships with your customers that will last beyond the recession. Make sure your staff is well-trained and equipped to handle customer inquiries and complaints. Offer personalized recommendations and rewards for loyal customers. Consider implementing a loyalty program to encourage repeat business. Improve your online presence. With more people staying home and shopping online, having a strong online presence is more important than ever. Make sure your website is up-to-date and easy to use, and consider investing in online advertising or social media campaigns to reach new customers. Offering online sales or delivery services can also help you reach customers who might not be able to visit your store in person. Make sure your online ordering and payment systems are easy to use and secure. Stay agile and adaptable. Finally, one of the most important things small business owners can do to outperform their competition during a recession is to stay agile and adaptable. Keep an eye on market trends and be willing to adjust your strategies as needed to stay ahead of the curve. For example, you might adjust your prices or promotions to appeal to customers who are looking for more affordable options. You might also explore new revenue streams, such as selling merchandise or offering online courses or consultations. What other kinds of advice would you give new business owners and entrepreneurs about how to prepare for an economic downturn and even thrive in such conditions? Please take a few minutes to share your thoughts and experiences so others can benefit from your input! Interested in learning more about business? Then just visit Waters Business Consulting Group to learn more about us and the services we offer.

Former Employee becomes a Rival Without a Non-Compete Agreement — What Should I Do

Legal Action might Not be the Best Action

How to Deal with an Ex-Employee Who is Now a Competitor

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Related Posts

If You’re Too Nice, You’ll Hurt Your Business, Here’s Why

My Employees are Making Excuses about Coming Back to the Office — What Can I Do?

How Small Business Owners can Prepare for a Recession and Beat Out their Competition during Economic Downturns

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