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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What a Disgruntled Ex-Employee Who Cost a Company $678,000 Can Teach All Business Owners

June 26, 2024 No Comments

What a Disgruntled Ex-Employee Who Cost a Company $678,000 Can Teach All Business Owners In early June, Kandula Nagaraju, a 39-year-old former National Computer Systems employee from India, received a two-year, eight-month prison sentence for unauthorized access and deletion of 180 test servers at his previous workplace. Despite being terminated in October 2022 due to performance issues, Nagaraju retained access to company systems. He used this access to develop and execute scripts that deleted the servers. This action cost NCS approximately $678,000 to rectify. Fortunately, his nefarious deeds did not compromise sensitive data as the servers were isolated and used for app testing. But, the company still suffered an enormous financial loss. Plus, things could have been a lot worse. This single case serves as a critical reminder: ex-employees can still be a liability, and if they maintain their insider access, they can exploit said access to inflict extensive damage. Not only monetarily, but on a much wider and more consequential scale. So harmful, that it could bring a company down and ruin its reputation to the point of no return. Why Businesses Should Always Delete the Credentials of Former Team Members Sadly, Nagaraju is just one example of many. Several companies have suffered immensely – but unnecessarily – simply because those organizations did not take the proper steps to protect themselves. Instead, they were complacent or too late to act and the results were disastrous. Because of these instances, businesses should always remove ex-employee credentials to keep their corporate data and work product secure for several reasons: Data security. Ex-employees may still have access to sensitive company information, such as customer data, trade secrets, or financial information. Removing their access ensures that this data remains secure and is not accessed or misused by unauthorized individuals. Prevent unauthorized access. Even if an ex-employee has left the company – even on good terms – there is always a risk that they could use their access to the company’s systems to make changes or access data without approval. Removing their credentials prevents this from happening. Compliance. Many industries have regulations that require companies to protect sensitive data. By removing ex-employee credentials, companies can ensure they are meeting these compliance requirements. Insider threats. Ex-employees may be disgruntled or may have left the company under less-than-ideal circumstances. They could potentially use their access to company systems to sabotage the company or steal data. Removing their credentials helps to mitigate this risk. Avoid confusion. If an ex-employee’s credentials are not removed, it can lead to confusion about who has access to what. This can make it more difficult to manage access to systems and data. And last but not least, data breach prevention. If an ex-employee’s credentials are compromised, it could lead to a data breach. Removing their credentials helps to prevent this. By deleting their access, companies have less risk of sensitive information getting out into the public domain. Because once that data is out, it’s up for grabs for anyone to capture it. So, businesses of all sizes should have a process in place to address such security issues. When an employee leaves the company voluntarily or a team member is terminated, that person’s credentialed access should immediately be removed. Additionally, steps must be taken to fill that new void to ensure workflow continues virtually uninterrupted in order to meet benchmarks and deadlines. Moreover, to keep proprietary data safe. 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,

Here’s What You Need to Know About the ATT and Apple 5GE Sleight of Hand

February 14, 2019 No Comments

In case you haven’t yet heard, a new type of communication technology is on its way — 5G. It’s the fifth-generation cellular system, coming to replace 4G, the fourth-generation. And, it promises to deliver a whole new level of speed. Some experts forecasts speeds of 100x greater. In fact, it’s so fast, the wireless connections will easily rival hard-wired connectivity of the old system. So, it’s no wonder carriers and handheld device manufacturers are ready to get it out into the marketplace. Trouble is, it will take some time to roll out. But, that isn’t stopping two companies from getting-in on the action ahead of time. What Consumers Need to Know about the AT&T and Apple 5GE Marketing Campaign Recently, AT&T started to display “5GE” on select Android phones. Then, this week, Apple joined in, doing the same for some of its iOS devices. The problem is, “5GE” isn’t 5G tech. It stands for “5G Evolution.” This sleight of hand isn’t new. We want results, and we want them now. Your customers want the same thing and are willing to pay for it. A temptation could arise to promise them quick results when you know that’s not going to be the case. This kind of short-sighted thinking hurts your business in the long run. —Entrepreneur.com Companies have done this type of thing before. Of course, it’s misleading, to say the least. Customers might think they’re on a real 5G network, via a real 5G device. Although, the move hasn’t gone unnoticed. Rival T-Mobile posted a short video mocking AT&T, with a caption reading “didn’t realize it was this easy, brb updating.” Others have also joined in, rightly criticizing the move. 3 Real Costs of Deceptive Business Practices Now, the word will most definitely spread and people will catch-on to the ruse. So, it’s important to look at the impact of such misleading marketing and what it can really do. Here are the three biggest effects of deceptive marketing: Customers suffer. Needless to say, customers obviously suffer because such tactics instill a strong sense of distrust. If a business puts out misleading claims, when discovered, customers won’t trust it. What’s more, they’ll also become skeptical about other things. Businesses suffer. While the sleight of hand might payoff in the short-term, the long-term consequences can be quite severe. Word of mouth will spread and that could prove enough to bring about the demise of a business. Employees suffer, too. When a business tries to fool its customers, the employees will take the brunt of the blow-back. It’s not fair for employees to suffer undeserved consequences. What else would you add to the list? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Tips for Creating an Effective Employee Social Media Policy

May 31, 2017 No Comments

Social media is part of our day-to-day lives. Even individuals who don’t have active social media profiles are still impacted by these various digital networks, in one way or another. And, the matter is all-the-more complicated when business practices are brought into the mix. The fact of the matter is, social media marketing is a must in this day and age. But, social media can easily steal time, money, and even reputation from your company. Tips for Creating an Effective Employee Social Media Policy Let’s face it, we all have unprofessional habits; and, some social media habits can be the worst among them. But, you need this medium to reach new customers and build a relationship with others. It’s also an invaluable tool for customer relations, as well as customer trust. Social media can effectively define a brand. The problem is, that image can easily be a negative one. Just one false move or faux pas is all it takes to unleash unwanted fallout. Facebook’s users spend an aggregate of 10.5 billion minutes per day on the platform (excluding mobile). And engagement — based on the number of monthly users who visit the site daily — is even higher today. Assuming that users spend about the same amount of time today, that means people all over the world have spent a collective 55 million years on Facebook since the beginning of 2009. Twenty minutes a day is a lot of time — well more than a year over the course of the average life span. If users spent just that time working for minimum wage instead of liking and poking each other, each would pull in about $880 a year. That’s almost $900 billion in aggregate hypothetical labor year. —NBC News So, like other things in life, this requires balance. You want productivity to remain high and efficient. But, you also do not want to limit freedom in the workplace. This creates a conundrum, although it doesn’t have to be paralyzing. To get the most out of social media for marketing and to keep employees content with the workplace, you need a policy. The good news is it doesn’t need to be complicated. In fact, being specific reduces confusion about what is and what isn’t acceptable. Here are some helpful tips for creating an effective employee social media policy for your business: Don’t step on their protected legal rights. Did you know there are federal laws which protect your employees relating to social media? The National Labor Relation Act states that companies are prohibited from interfering with employees posting or holding conversations through social media in regard to wages and working conditions. Clearly state which behaviors are not acceptable. Although there are some limits to what you as a business can and can’t do, it’s good to know certain behaviors do not have legal protections. So, you can prohibit use of defamatory, abusive, offensive, demeaning content, and the like. (This also includes personal complaints.) Require all employees include a profile disclaimer. You’ve probably seen the phrase, “Tweets are my own.” This disclaimer is necessary, particularly for team members who do not have express permission to speak for you company. A disclaimer also helps to reduce confusion between official company word and personal opinion. Learn your state’s laws before creating a social media policy. There are not only federal laws about social media, but your state likely has laws as well. Take the time to learn what your state’s laws are in relation to social media for your own protection. Be prepared to periodically (re)educate and enforce the rules. No social media policy is effective if it isn’t clearly understood and readily accessible. You need to periodically go over your policy and be ready to enforce it, when necessary. How do you use social media in your business? Do you allow employees to use social media for promoting your company? What do you think are the most effective ways to leverage social media through your employees? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group. [shareaholic app=”follow_buttons” id=”26833294″]