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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Business Owners, Pay Attention to Employees Who Bring Bagged Lunches, Because They Usually Share These Impressive Qualities

August 14, 2024 No Comments

Business Owners, Pay Attention to Employees Who Bring Bagged Lunches, Because They Usually Share These Impressive Qualities As a business owner, it’s easy to overlook the small, everyday habits of your employees, but sometimes these seemingly minor details can reveal a lot about their character and potential. One habit that might catch your attention is when employees consistently bring bagged lunches to work. While it might seem like a simple cost-saving measure or a personal preference, employees who take the time to prepare their meals often share some impressive qualities that can be invaluable to your business. That’s right. These individuals may possess bigger, untapped potential. With this in mind, we’ll take a little time to explore why those brown bag lunches might be a sign of the discipline, foresight, and commitment that could make these employees your next top performers. 6 Qualities Bagged-Lunch Employees Usually Possess Okay. You’d certainly notice if a particular team member brings in beneficia new business or implements a different way of doing this or that, greatly increasing productivity. But, there are also smaller, more subtle telltale signs someone might have a lot more to offer. For instance, employees bringing brown bag lunches to work can reveal much about their potential, habits, and mindset. Here are some insights that might be gleaned from this seemingly simple behavior: Discipline and planning. Bringing a brown bag lunch indicates that an employee takes the time to plan their meals ahead of time. This level of foresight and preparation often translates into their work habits, suggesting they are organized, proactive, and capable of managing their responsibilities efficiently. Such employees are likely to be reliable and disciplined, making them strong candidates for tasks that require attention to detail and long-term planning. Financial savvy. Employees who bring their lunch often do so to save money. This behavior shows an awareness of budgeting and a focus on financial responsibility, which can be valuable in roles that involve managing resources or cost control. Their financial mindfulness could indicate a practical, resourceful approach to problem-solving, making them suitable for roles that require fiscal prudence or operational efficiency. Health consciousness. Preparing a brown bag lunch allows employees to control what they eat, often leading to healthier choices. This shows a commitment to personal well-being, which can reflect positively on their overall energy levels, productivity, and ability to handle stress. Health-conscious employees may have the stamina and mental clarity needed for demanding projects, making them strong candidates for roles that require sustained focus and resilience. Self-sufficiency. Bringing lunch from home indicates a degree of self-sufficiency. These employees are not reliant on external sources (like restaurants or cafeterias) for their needs, which can translate into their work ethic. Self-sufficient employees are often independent thinkers who can take initiative and work without constant supervision, making them ideal for leadership roles or positions that require autonomy. Commitment to routine. Consistently bringing a lunch shows a commitment to routine and a structured approach to their day. This can reflect an ability to stick to schedules and follow through on commitments, important traits for any role that requires dependability. Employees with a strong sense of routine are often reliable and consistent, traits that are valuable in roles that require steady performance over time. Focus on productivity. Bringing a lunch means less time spent going out to eat, which can lead to more time focused on work. This indicates that the employee values productivity and may prefer to use their break time efficiently. Such employees may have a strong work ethic and a drive to maximize their productivity, making them valuable assets in fast-paced environments where efficiency is key. While bringing a brown bag lunch might seem like an insignificant, everyday decision, it can offer insights into an employee’s character and potential. Traits like discipline, financial savvy, self-sufficiency, and a focus on health and productivity are all positive indicators that can suggest strong future performance and growth within an organization. Want to Accomplish More? Do you want your company to grow faster and earn more while you spend more time with your family doing all the things you started your business to do? We can make that dream a reality. Give us 30 minutes and we will show you how to get your life back. Skeptical? Good! Put us to the test. You can call us for your free appointment at (602) 541-1760, or, if you prefer,

Should You Re-Hire a Fired Client

July 14, 2021 No Comments

4 Reasons You’re not Hiring the Best Talent

June 14, 2018 No Comments

We’ve previously covered how to deal with a lazy employee. Now, let’s take a look at the other side of the coin. Or, how do you hire the best talent out there? It’s more complicated and difficult than one would first suppose. That’s because practically every candidate will put their best foot forward to make the best impression. It’s only after you hire do you really know what you’ve successfully recruited. But, to get an advantage, you should be only interviewing the top in the game. Signs You need More Talent Before we go there, let’s take a moment to look at your current situation. If you get the feeling you need more talent or at least one or more highly productive team members, your intuition just might well be spot-on. For instance, if you can’t seem to break previous work production levels, that’s one sign. Or, if you’re employees aren’t growing your business, that’s another. Legendary Texas football coach Spike Dykes once said, “You give me the best players and an average coach and we will beat the best coach with average players every time.” CEOs should take this approach and own recruiting instead of abdicating it solely to HR. One of the five critical CEO responsibilities is to provide the proper resources, and people are the most important. In fact, to scale your business, it requires 4 key components; people, strategy, execution and capital. In my experience, people are the greatest resource in growing any business. —Inc.com Of course, if you’re losing business, that’s a big red flag. Another way to tell if you need more talent is when your company feels stuck. If the status quo keeps chugging along with no breakthroughs, that’s a problem. (This is one reason why it’s always a good idea to bring in a third-party, like a professional business consultant and coach.) 4 Reasons You’re not Hiring the Best Talent Now, we’ll take a quick look at some of the most probable reasons you’re not hiring the best of the best. It could be one or a few combined. But, if you identify or feel familiar with any part of these, it’s time to reflect. Here are the four most common reasons you’re not hiring the best talent: Your casting net is way too small. Let’s begin with the most obvious — you’re casting too small a net. Sure, you’re probably comfortable recruiting from your locality. But, that leaves out a whole lot of people. Your job description is too generic. This is something that too many businesses do: they copy and paste job descriptions when there’s an opening. This is a bad practice because it doesn’t “speak” to individuals who would otherwise engage. You’re not getting back to candidates. Okay, so this is a difficult one. If you do make a great hire, you’re probably not keen about letting others know they weren’t chosen. But, this is not only selfish, it’s rude. Keep everyone who has interviewed in the loop. Your interview doesn’t give an in-depth view. Just like generic job descriptions, when interviews are overly generic, they won’t reveal how candidates think and feel. Those are very important insights you’re not gaining. What other advice would you give about how to hire the best talent? Please share your experiences and thoughts by leaving a comment! Interested in learning more about business? Then just visit Waters Business Consulting Group.