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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How to Know when It’s Time to Walk Away from a Business

July 19, 2018 No Comments

Walking away from a business is always a tough decision. Even if it’s a much-needed cathartic relief, there’s still the matter of the unknown as to what comes next. Regardless of circumstances, you should know that it’s ultimately the right decision. That’s not always an easy thing to do because it’s human nature to second-guess or to look back with 20/20 hindsight. If you’re thinking about walking away, that notion certainly doesn’t come out of nowhere. There is something driving it and you need to understand when it’s no longer worth your time and effort. Walking Away from a Business doesn’t necessarily Mean Shutting It Down Let’s begin with the fact that it’s not always a bad situation. There are definitely times when the right move is to move on to something new. For example, you’ve set a goal and now have realized it. So, go out on top and start something new. Or, if you’ve always wanted to try this or that and the company you’re running now is humming along, then go for it. In business, it’s important to understand the difference between bad luck and bad judgement. Misfortune will often masquerade as a mistake, and has caused many talented people to walk away from their business ventures prematurely. Getting a startup past the first year is commonly regarded as the biggest challenge to any entrepreneur. Sometimes hitting a bump in the road is just that and the best approach is to weather the storm, keep calm and carry on. But how do you know if your business still has a future and how do you turn around the fortunes of your struggling enterprise? —The Guardian The point is, there are times when it’s perfectly fine to walk away from a business without having to close the doors. You can hand over the company to a protegé, or pass it on to your children. It’s healthy to build something up, watch it grow, and then enjoy the fruits of your labor. Signs It’s Time to Walk Away from a Business Now, it’s not always the case that you succeed. And, failure does come in many forms. You just need to know when it’s time to throw in the towel. Now, not all are as obvious as a natural disaster, but, there are some which do mean it’s no longer worth the fight: It’s consistently busy but unprofitable. This is perhaps the most perplexing circumstance but it does happen. Some businesses have enough or more than enough business, yet they simply can’t realize a profit. If you’ve already reduced your operating expenses and if customers/clients will not pay more for your services or product, and you still can’t produce a profit, staying open is just an exercise in futility. Key employees keep leaving. You might well be profitable but only marginally. What’s worse is that you can’t seem to keep the best talent. This is a sign there’s something serious going awry and if you can’t identify it, it might just be time to walk away. There’s no clear path forward. If you can’t seem to envision the future clearly, there’s definitely a reason why. And, without a clear path ahead, you’re essentially walking blindfolded, which can easily lead to a bad set of inescapable circumstances. Do you have an accurate picture on your backorders or pipeline of prospective business that is required to meet your sales to produce a profit? Customers have mixed experiences. Another sign it’s time to move on is inconsistent feedback. You hear good and bad without any obvious reason. If you can’t get to the bottom of it, you’ll never make it work right. What other signs tell you it’s time to go? Please share your thoughts and experiences by commenting! Interested in learning more about why your business isn’t performing? Then just visit Waters Business Consulting Group.

How to Avoid People Who Waste Your Time

May 24, 2017 No Comments

Successful business entrepreneurs obsess over their companies and know instinctively the phrase, “time is money,” is true. It’s why business owners hire others to do tasks they could otherwise do themselves: accounting, marketing, paperwork, and so on. However, not everyone in the world of business is adept at executing, some, talk and do so a lot — a whole lot. They procrastinate, squander time on trivial tasks, and have long conversations without an objective. What’s worse, is some of us are not only susceptible to time wasters, we’re also enablers. How to Avoid People who Waste Your Time Enablers are generally very caring, thoughtful individuals and they don’t like to hurt others’ feelings. Even business people who are laser focused and get things done are time waster enablers, because they interact and hire them. While it seems completely counterintuitive, you don’t really know a person’s qualities until you get to know him or her through your work together. Someone might appear to be just as focused and enthusiastic but appearances can be misleading. We’re all too busy, spending our days in back-to-back meetings and our nights feverishly responding to emails. (Adam Grant, a famously responsive Wharton professor, told me that on an “average day” he’ll spend 3-4 hours answering messages.) That’s why people who waste our time have become the scourge of modern business life, hampering our productivity and annoying us in the process. —Harvard Business Review You contract and hire individuals based on their previous work but it isn’t until you really begin to interact with them you learn their true character traits. While you might be impressed with their body of work, you probably aren’t at all eager to become a victim of someone who wastes your time. The really big problem to overcome is to spot time wasters and that’s very difficult, because it could be anybody, not just an employee or contractor, but also a partner, vendor, customer or client. The trick is to identify as soon as possible those who are most likely to waste your time from those who get things done. You can do this by looking for certain personality extremes: Negative individuals. Head down, slumped shoulders, complete with a scowl or frown, negative people tend to broadcast their misery physically with body language. Even those who manage to look composed will definitely show their true colors when speaking. They portray themselves as victims, bring you and others down, and worst of all, waste your time. Super happy people. Happy-go-luckily, big smile, with large, enthusiastic stride, super happy individuals might be a blast and cheer others up, but, these people can be a bit too exuberant. These can easily be signs of immaturity and even though jubilant, they’re not serious about much of anything. These individuals will definitely liven up a room, but, they’ll also waste your time and do so with a big grin and bellowing laughter. You’ll be trying to get things done while they’re cracking jokes and carrying-on. Gossip spreaders. People who can’t wait to tell you the latest about this or that with him or her are to be avoided at all costs because they’re involving you in the drama as well, even if you don’t know it. Individuals that take gossip to a whole new level aren’t interested about getting things done, they are only interested in spreading rumors and stirring-up drama to justify their agenda. Emotional people. Speaking of drama, those who revel in spreading rumors and gossiping can also be very prone to being emotional. They go from one extreme to another and never seem to be on an even keel. These individuals do little else than waste their own time, as well as others. They tend to be irrational and irritable and ought to be completely avoided. Another two personality types who can be total time wasters are attention seekers and self-centered individuals. The former will always want to be the center of attention, no matter where they might be, while the latter will step on toes and cross lines in a self-serving manner. This is why it’s imperative to surround yourself with positive, focused individuals who get things done and share your enthusiasm so that you can achieve your goals. Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]

My Customers are Cancelling Orders Over Rising Prices and Long Delivery Times — What Steps can I Take?

April 7, 2022 No Comments

Small business owners are always looking for ways to keep their customers happy. When prices go up and delivery times get longer, some customers may choose to cancel their orders. This can be a major problem for small businesses, as it can lead to lost revenue and decreased customer loyalty. In this article, we will discuss some solutions that small business owners can use when customers cancel orders over rising prices and long delivery times. Biggest Small Business Advantages One of the first things you can do is to gain some reasonable perspective. Put another way, think about the innate benefits small businesses have compared to large, corporate chains. You’re able to make independent decisions. Plus, having a small organization means being more nimble. What’s more, you can not only have but use personal relationships with your customers to your advantage. No one wants to lose customers. You work so hard to acquire each and every one. After they sign up for your product or service, you pour your energy into meeting and exceeding their expectations. So when you get that call or email, it can be devastating — both financially and emotionally. A recent study by the Harvard Business Review states that a five percent reduction in customer defection has the potential to double profits. How could such a small decrease in cancellations result in a doubling of profits? Those customers that stay with you make more purchases, take less of your time, and refer other new customers. —Invoiced.com The very fact that you have one-on-one relationships is a huge deal. This, not to mention the fact that you’re part of a shared community. So, you also share many of the same experiences. Basically, your small business might not have the monetary resources big companies do, but still have other means that can help you get through such challenging times. In other words, you do have some advantages and it’s very helpful to stay in a positive mindset. Steps Small Businesses can Take to Deal with Customer Order Cancellations When customers cancel orders due to rising prices and/or over long wait times, it can be frustrating (and of course, bad for the bottom line). Fortunately, there are steps you can take to either minimize or regain customers for your small business: Offer discounts. One solution that small business owners can use is offering discounts. This can help to offset the increased prices and make it more affordable for customers to continue doing business with your company. Offer VIP upgrades. Another solution is upgrading customers to VIP status. This can give them access to exclusive deals and discounts that they would not otherwise be able to get. They can pay a small fee for priority treatment, such as being the first when deliveries ship. Offer referral rewards. Finally, small businesses can offer referral customer rewards bonuses. This can encourage customers to refer their friends and family to your business, which can help to increase your customer base. Implementing one or more of these solutions can help small businesses keep their customers happy, even when prices are rising and delivery times are getting longer. By taking steps to address these concerns, small businesses can stay afloat during tough economic times. While no one solution is perfect for every small business, each of these solutions can help to address the issue of customers canceling orders due to rising prices and long delivery times. By taking action and implementing some of these strategies, small businesses can keep their customers happy and loyal, even during tough economic times. Do you have any other tips for small business owners who are facing increased prices and longer delivery times leading to customer cancellations? Let us know by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Former Employee becomes a Rival Without a Non-Compete Agreement — What Should I Do

Legal Action might Not be the Best Action

How to Deal with an Ex-Employee Who is Now a Competitor

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Related Posts

How to Know when It’s Time to Walk Away from a Business

How to Avoid People Who Waste Your Time

My Customers are Cancelling Orders Over Rising Prices and Long Delivery Times — What Steps can I Take?

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