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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Help! My Dad Retired from the Family Business Years Ago but Still Tries to Run It and It’s Causing a Lot of Problems

March 31, 2022 No Comments

It can be difficult when a parent retires from their job within the family business but continues to act as if they are still in charge. They may make unnecessary demands or try to micro-manage things that are no longer their responsibility. This can cause tension and conflict among other family members who are trying to run the business smoothly. If you find yourself in this situation, it is important to set boundaries and communicate effectively with your parent. So, let’s discuss some tips for how to do that. The “Unable to Let Go” Syndrome Some people, be it a father, mother, or even another family member, who’s worked for long periods of time in a family business regard the company as part of their identity. It’s simply part of who they are and therefore, it’s not easy to walk away. It becomes even more difficult when handing the operation over to children, who don’t have all their years of experience. One of the most agonizing experiences that any business faces is moving from one generation of top management to the next. The problem is often most acute in family businesses, where the original entrepreneur hangs on as he watches others try to help manage or take over his business, while at the same time, his heirs feel overshadowed and frustrated. Paralleling the stages of family power are stages of company growth or of stagnation, and the smoothness with which one kind of transition is made often has a direct effect on the success of the other. —Harvard Business Review Unsurprisingly, this can easily lead to a father, mother, aunt, uncle, or even a cousin to hang around. Perhaps to the extent that he or she still continues to “run” the business, without the permission of their successors. He or she may make promises, enter into deals, or offer discounts that undermine the new authority of their successive family member(s). Of course, this can cause resentment, anger, frustration, and might also be the cause of unnecessary fighting and/or financial trouble. How to Deal with a Parent Who Keeps Interloping in a Family Business After Retiring Fortunately, if you’re in a situation where one or more of your family members has retired but still continues to interlope in the family business, there are steps you can take. First, you need to have a discussion with your parent about their role in the business now that they are retired. It is important to be respectful yet firm in this conversation. Explain to them that while you value their opinion, they need to respect the fact that you are now running the business. This means that they should not try to make decisions or give orders without consulting with you first. You may also want to set some ground rules about how often they can come into the office or participate in business meetings. It is also important to stay calm and avoid getting into arguments with your parent. If they continue to try and take control, it will only escalate the situation and make it more difficult to resolve. Instead, try to have a rational and calm discussion about the situation. If necessary, you may need to involve other family members or even a mediator to help resolve the situation. Additionally, it may be necessary to speak privately with any customers who aren’t completely clear about who is actually running the company and who makes the decisions. This could help in the future with communication and in other important areas. If you find yourself in this situation, it is important to set boundaries and communicate effectively with your parent. By doing so, you can hopefully avoid conflict and maintain a healthy relationship with your parent. Have you ever dealt with this type of situation? What would you do to resolve it? Please take a moment to share your experiences and thoughts so others can benefit from your input. Interested in learning more about business? Then just visit Waters Business Consulting Group.

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.

My Best Salesperson Keeps using a Company Credit Card for Personal Expenses – How can I Handle this Situation?

July 6, 2022 No Comments

Make no mistake about it, this is a very serious situation, no matter the dollar amount. Regardless of what was spent and for which items, this is theft. It is essentially stealing company funds for personal use. Now, if this sounds way too stringent, that’s because you’re probably not thinking of it in a more dire manner (you likely have a very good relationship with this employee). However, if you strip all that aside and look at it in pure dollars and cents, along with personality traits like integrity, this ought to infuriate you. So, let’s take a look at what to do if an employee is using a company credit card for personal use. Common Company Credit Card Risks Obviously, putting company credit cards in the hands of employees assumes a certain level of risk. While you may have strict policies regarding their proper use, it’s still ultimately up to the individual to obey those rules. Of course, every employee with a company credit card must be trusted to a large extent. And even though he or she may have acted responsibly in the past, that certainly doesn’t guarantee he or she will continue to do so in the future. Corporate credit cards are an important tool for many companies. Using the company credit card is often the ideal way to manage individual expenses like entertaining clients and business travel. However, company credit cards are also one of the most notorious leaks of company funds to bad employee decisions. From simple bad budgeting decisions to outright fraud and theft, these cards create undue opportunity and temptation for employees to misuse company funds. Fortunately, you can keep these incidents to a minimum… —Business.com Company credit cards are given out as a matter of convenience, but they do not come without a substantial risk factor. For instance, an employee could get into a personal pinch and use the card for emergency situations at home and you’ll only find out about it after the fact. Then, there are a few incidental mistakes. It’s entirely possible that your employee has a similar-looking card and accidentally makes a purchase with the wrong one, using the company credit card rather than their own. In the latter example, it’s entirely understandable, but if he or she does not take a proactive attempt to reimburse you or simply says nothing and hopes it will slide by, you have a problem on your hands. How to Deal with an Employee Who uses a Company Credit Card for Personal Expenses There are really two different scenarios that could play out. Someone who uses a company credit card for small, inexpensive items and someone who routinely misuses the card for personal expenses. Here are some suggestions for how to deal with an employee who uses a company card for personal use: Know exactly what the purchases were. Before you say anything to this employee, be sure to go through the monthly statement line by line to identify the purchases and their amounts. It would also be wise to go back through the last few months’ worth of previous statements to see if this is a pattern or not. You might just discover this has been going on for quite a long time. Know the laws in your state. This is where it gets serious. Even if the card was used for small purchases over a long period, that could add up to a substantial amount of money. Depending on the laws in your state, this could constitute a criminal act. At the very least, if it isn’t considered criminal, it is certainly a fireable offense. Obviously, if the charges were extraordinarily large, you’ll probably want to recoup that money and possibly prosecute the offender. Speak with HR and/or an attorney. Here again, the amount spent and the timeline will be extremely pertinent. If these are large expenses, they could mean something like grand larceny or another crime. Conversely, if the amount spent was small, you might just ask the employee to reimburse the company, what you need to know is if this is severe enough, and what legal options you have, including the possibility of withholding part of their pay. If you do discover an employee has been using a company credit card for their personal expenses, it is very important to take action, regardless of how much was spent or on what and/or over what period of time. If you don’t deal with the situation directly, the behavior will likely continue to happen to the detriment of the company. Interested in learning more about business? Then just visit Waters Business Consulting Group.