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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7 Ways Entrepreneurs Can Deal with a Competitor Who Plays Unfair

March 20, 2025 No Comments

We tend to think of unfair trade practices as a multi-billion dollar corporation scheme. Mega companies like Microsoft, Facebook, Apple, and Google typically come to mind. And while it’s true these International entities do as much to monopolize their industries as possible, unfair practices can happen on a much smaller scale.

Upskill Your Employees Now to Propel Your Business into the Future

January 27, 2022 No Comments

Upskilling employees is one of the smartest strategies business owners can use. It not only helps to get more out of team members, but it also does a lot for longevity, because upskilled individuals will feel a sense of real purpose. Plus, it also helps to reduce future turnover since those people will benefit from the process in key ways. They will not only receive more financial incentives but will be given greater responsibility within the company and this combination will result in their continued commitment as important assets. How Upskilling Works Upskilling is the process of giving individual team members more tools and experience in their core roles. It can erase skill gaps, as well as teach them new things that complement their current positions. Upskilled employees can also more seamlessly transition from one role to another, either laterally or up the ladder. It also helps to bolster individual confidence and as a result, improves overall morale. Companies looking to retain their workers amid the Great Resignation, however, need to move beyond this short-term approach. Upskilling is a longer-term investment in augmenting the knowledge, skills, and competencies that help employees advance their careers. When employees are offered and encouraged to take advantage of upskilling opportunities for their personal or professional growth, people metrics, such as employee engagement and retention, also go up. —Harvard Business Review In short, upskilling employees gives them more value to the company and simultaneously helps to reduce or eliminate redundancy and/or gaps. Basically, it’s a win-win scenario for team members and the company alike. The ultimate result is a positive company culture and that alone is worthwhile in its own right since it essentially eliminates many common yet pesky problems. Biggest Employee Upskilling Benefits Employee upskilling is an important benefit for businesses of all sizes. By offering training and development opportunities, you can help your employees stay current with the latest trends and technologies, improve their skills, and increase their knowledge base. Not only does this make your team more productive and efficient, but it can also lead to better ideas and innovation. So if you’re looking for ways to improve your business, consider investing in employee upskilling. It’s a move that will benefit both you and your team members. Every business faces challenges and companies that are proactive deal with them the best. Rather than wait for problems to pop up, being prepared does a lot to either avoid issues or mitigate their impact. Companies that take the time to upscale their employees enjoy the following benefits: Increased productivity. Upskilled employees can contribute more. Plus, they are generally able to produce greater amounts in less time because they have enhanced competency. Since they are more versatile, they add substantially more value, especially as time goes on and they become more confident. Fewer disruptions. When you have upskilled team members on your staff, disruptions will be less shocking to the system, particularly in the short term. So, if someone leaves, that gap is almost seamlessly filled and you don’t have to scramble to find a replacement. Improves soft skills. Several surveys have found that upskilled employees are more well-rounded individuals when it comes to their professional soft skills. They generally demonstrate better communication, are better team players, have an improved work ethic, and are usually more flexible, as well. What other advantages does a small business get from upskilling? Please 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.

I can’t Afford to give My Employees Christmas Bonuses this Year, What can I Do Instead?

December 10, 2021 No Comments

This year, a good number of businesses will continue to face the very unenviable position of not being able to afford employees’ holiday bonuses. For a sizable percentage of companies, it became an inescapable reality last year, obviously, due to the large-scale shutdowns across the country and overseas. While many businesses have recovered and regained a sense of normalcy, a significant portion still struggle. This means having to make hard choices when it comes to expenses that are not part of the business’s day-to-day operations. Fortunately, there are some alternatives to giving employees cash. Turn a Negative Situation into a Positive One When the economy or an industry takes a downturn, most entrepreneurs will take a good hard look at their books to determine exactly where they stand. Some make the mistake of cutting back too deeply, becoming too lean to fully operate, and only prolonging a bad set of circumstances. However, others embrace it as an opportunity to eliminate redundancies, reduce extra expenses, and put their resources where they most matter. A holiday bonus is a traditional gift given to employees by employers each year as a big ‘thank you.’ Many managers and business owners want to give their hard-working employees a bonus at the end of the year. The unfortunate truth is that many cannot afford it in today’s economy. As a result, many companies have had to get creative by offering their employees something enticing that is not a cash bonus. —Optimum Employer Solutions The latter strategy is obviously more effective because it makes the company more efficient. This type of audit should be done regularly since it’s so very easy to become blissfully ignorant of what’s actually happening with the business’ finances. Company owners who enjoy a nice regular profit line are typically the ones blindsided most when things change and go in the wrong direction. Regardless, if you really can’t afford holiday bonuses this year, be honest and upfront with your team members. This way, they will understand the gravity of the situation and be grateful for whatever you decide on as a substitute. Employee Bonus Alternatives Before you panic, be sure to know the exact numbers. The situation might not be as dire as you think. Although, if it isn’t truly feasible to give your employees holiday bonuses this year, here are some great alternatives: Extra paid time off. What’s wonderful about this alternative is that employees will appreciate this just as much as bonuses. People like extra time off when they don’t have to forfeit anything and this will not cost the business anything directly out of pocket. Incremental pay raises. Another option is to schedule incremental pay raises for every quarter over the next year. If possible, start this in the immediate future and your employees will feel appreciated and valued. Better benefit packages. Yet another alternative to giving out bonuses is to give your employees better benefits which they can always use. Look into better health insurance, dental insurance, and other benefits What other employee bonus alternatives would you suggest? Please take a moment 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.