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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Did the Solar Eclipse Reveal Your Business Blind Spot?

August 30, 2017 No Comments

Did the solar eclipse reveal your business blind spot? Probably not. And, you’ve likely not even considered you actually have a business blind spot. But, there’s a really high probability you do — you just don’t see it. Sure, life throws obstacles in our way — that’s expected. However, one of the most obtuse isn’t always from an outside source — it’s from within. What’s more, you don’t recognize it for what it truly is and that’s your business blind spot. How to Find Your Business Blind Spot It could well be you’re relying too much on short-cuts in communication — texting instead of actual face-to-face interactions. Or, it might just be something completely different. In a vehicle, it’s quite easy to identify the blind spot. We all know where it’s located in the cars we drive. But, when it comes to business, your blind spot hides until you actively look for it. And, it’s probably tripping you up clandestinely. Entrepreneurs regularly confront a host of tough challenges. Just a sampling among them: landing their first sale, growing their customer base, hiring the right employees, managing cash flow and getting access to funding. But the biggest challenge entrepreneurs may face is either a self-limiting or self-inflated view of their capabilities. Possessing fear, self-doubt, over-confidence, in-group thinking, misplaced commitment to a selected course of action or entrepreneurial myopia are just some ways an entrepreneur can sabotage his or her business. —Entrepreneur.com For some entrepreneurs, it’s not effectively dealing with critics. Hey, why waste time on such a thing? For others, it’s being too myopic, focusing on one thing and not seeing the bigger picture. So, what’s your business blind spot? What is it that you just don’t see? The best way to uncover it is to seek information from different sources. Once you have a more robust picture, you’ll easily be able to pin down your own business blind spot: Introspection. A little self-reflection goes a long, long way, particularly when you’re completely honest. Look inside for some answers. What is it that you already know is an inherent weakness? You can also look back on a time when you fell short and examine that event to uncover answers. Team input. After you look inward, it’s time to see if that lines up with what others who work with you observe. Don’t be surprised if you’ve missed the mark. While Introspection can really be insightful, it can also lead to blind spots if we don’t bring balance with other perspectives. Customer feedback. Your customers are also a great source of information. Solicit feedback and take it to heart. Don’t dismiss what you learn because they want you to be your best. After all, it benefits them, as well. So listen earnestly and take appropriate action thereafter. Retracing your steps. When you make a mistake, you learn from the experience. But, it shouldn’t be cursory. Carefully retrace your steps. What is it that you did that lead you in the wrong direction? Even if it’s an outside force, you made a decision. Look into your weaknesses. Your weaknesses are sometimes known as excuses. But, like mistakes, you can learn from your weaknesses and best of all, work to make improvements. It could be your business blind spot lies in a weakness. Have you identified your business blind spot? What steps did you use to uncover what you didn’t clearly see? Please share your thoughts and experiences by leaving a comment! Would you like to read more about Blind Spots? My friend, Kevin McCarthy, keynote speaker, trainer and author just published a compelling and informative book describing how his blind spots landed him in a federal prison for 33 months for a crime he didn’t knowingly commit. Learn more about: “Blind Spots – Why Good People Make Bad Choices”. Interested in learning more about business? Then just visit Waters Business Consulting Group. [shareaholic app=”follow_buttons” id=”26833294″]

5 New Product Rules Every Entrepreneur Should Know

May 24, 2017 No Comments

Consumers are truly creatures of habit. In fact, the average family purchases the same 150 products again and again, which accounts for a whopping 85 percent of all needs, according to a study conducted by Harvard Business School. Of course, that means when a new product appears on the market, its got to somehow work its way into those recurring purchases. It’s no secret that consumers are quite brand-loyal, so, this presents an even larger challenge. When you stop to consider your own purchasing habits, you begin to realize just how loyal you are to certain brands. Carving out market share is difficult enough, but, even more so when a product comes from an unknown or relatively new source. 5 New Product Rules every Entrepreneur should Know There are some 250,000 new product launches globally on average, per year. Obviously, very few make it past the first couple of years, as clearly evidenced by the nearby quote. What’s more, companies often fail to recoup development costs. In the grocery industry alone, the failure rate is even higher, ranging from 70 percent to 80 percent, according to research done at the University of Toronto. …the fact remains that the success rates of new product introductions and innovations have improved little over the last 20 years. Booz & Company reports 66 percent of new products fail within two years, and Doblin Group says a startling 96 percent of all innovations fail to return their cost of capital. —Fast Company For small-sized American food businesses, the success rate is even more sparse, coming-in at just 11 percent, which regulates an eye-popping 89 percent to failure. The top culprits of failure are poor product quality and design, but overestimating demand, bad pricing and timing, as well as incorrect positioning also make the list. The statistics go on and on when it comes to new product failure, so, it’s important to know what makes products get past their introduction to the public and sell. Here are five new product rules every entrepreneur should know and follow: It must have at least one solid advantage. There are several advantages a product can have and among the most persuasive are value for the money, prestige, effectiveness, convenience, and high-quality. If you look over this list again, you’ll find at the heart of all these is providing for want and need. For instance, the iPhone revolutionized the mobile phone industry — it fulfills a need, is a high-quality product, and provides many conveniences. The product must fit into consumers’ routines. If a product won’t easily fit into consumers’ routines, it won’t sell on the market. A product must be able to accommodate buyers’ routines because, as mentioned above, people are creatures of habit. Some products are able to break this rule, but these are few and far between. It’s got to work right out-of-the-box. American consumers love convenience, and, are very annoyed when a new product proves to be anything but convenient. Most people cringe at the phrase “some assembly required,” because of past experiences. Make a product that works right out-of-the-box and it has a much better chance of success. The benefits should be obvious to consumers. When consumers can readily identify the benefits of a product, they are more likely to buy it. Stop to consider the last time you were shopping for a specific type of item and compared brands. It’s highly probable you purchased the one you could easily spot its benefits. It can be given away for nothing (or part of a promotion). The Clorox company began marketing its first cleaning products to businesses and this approach failed. However, one owner’s wife saw that it had marvelous residential use potential. She gave small bottles of it away and soon after, sales skyrocketed. When consumers are given the opportunity to “test drive” products for free or at a low cost, they are more apt to purchasing it again and again. Though these elements will all increase the chance of success for a new product, it’s important to understand the market and to have an executable plan to be successful. We have several Clients that have new and innovative products that are succeeding because they have followed these five rules. Let us know your new product ideas and make certain yours meets these five new product rules. Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]

Business Leaders This Responsibility Rule Exemption Doesn’t Apply to You

July 2, 2020 No Comments

“You’re not responsible for the irresponsibility of others.” Or, “You can only control you, not other people.” Both are great pieces of advice to live by. Except, when you’re in a position of leadership. When you’re in charge, you are responsible for the actions of others. It’s a stark contrast to the peer-to-peer world. Because, your employees aren’t your peers. Sure, they’re good people. But, they aren’t your equal. At least, in terms of business structure. You are the authority. So, when a team member is irresponsible, you’re the one the customer will blame. It’s not fair, but it’s reality. Why Employees Act Irresponsibly Everyone does something irresponsible at some point. But, there are people who just can’t seem to get it together long-term. However, these are the exceptions, rather than the rule, a tiny percentage by comparison. You might have even been one of them, but eventually “grew” out of that phase. In almost every workplace, there is bound to be someone who isn’t pulling their own weight. When you’re an ambitious, hard-working [business owner] who is committed to growing your career and the company, it’s frustrating to work with someone who seems interested in only doing the bare minimum. —Fast Company People act irresponsibly because they just don’t take their jobs seriously. To them, it’s just a paycheck — a paycheck they can get almost anywhere. Of course, this is very short sighted but it speaks to their mindset and overall attitude. When that personality shows up in your business, you’ll have to deal with it. There is no passing it off. How to Deal with an Irresponsible Employee If you’re in this unenviable position, you’ll need to deal with the situation directly. While it’s tempting to pass this off to a subordinate who is above the person in question, letting him or her know their behavior is known at the top is very powerful. (This alone could be enough to correct him or her.) But, it’s best to be clear. Here’s how to deal with an irresponsible employee: Put the onus on him or her. Ask him or her how they can improve. Let them be a part of the solution right from the beginning. If they are unwilling or standoffish, that’s a big red flag that probably signals his or her time at the company is coming to an end. Persuade but don’t preach. You can (and should) remind him or her of the company’s policies and procedures. But explain why, instead of just hitting him or her with a litany of do’s and don’ts. Enter into a discussion rather than just making proclamations. Always lead by example. This is something you should already be doing routinely. Showing leadership not only helps others to reach their goals, it inspires others to succeed in more ways than one. Otherwise, you’re not really leading the company, you’re just a figurehead and people will instinctively understand that fact. Follow-up regularly. Obviously, you’ll need to follow-up with him or her. But, think twice about doing so on a set schedule. The element of surprise will motivate him or her to do the right thing. If they don’t, it means you’re dealing with someone who just doesn’t care and isn’t a true asset to the business. What other suggestions do you have for dealing with an irresponsible employee? Please go ahead and share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.