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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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″]

Cheap But Meaningful Ways to Boost Your Company’s Local Awareness

June 8, 2023 No Comments

In today’s competitive business landscape, it’s crucial for small businesses to enhance their local awareness and brand recognition to stay ahead. While advertising and marketing campaigns can be expensive, there are cost-effective yet meaningful ways to increase your company’s visibility and establish a strong presence in your local community. Cheap But Meaningful Ways to Boost Your Company’s Local Awareness Obviously, this is all easier said than done. With all this in mind, let’s go ahead and explore several inexpensive strategies that can help boost your small business’s local awareness and improve brand recognition. Community Involvement and Partnerships Engaging with the local community is an excellent way to enhance your company’s visibility and build meaningful connections. Consider sponsoring local events, sports teams, or charitable causes that align with your business values. Participate in community service activities or collaborate with other businesses to host joint events or promotions. These activities not only showcase your brand but also demonstrate your commitment to the community, fostering positive word-of-mouth and strengthening your reputation. Example: If you own a bakery, partner with a local charity to donate a portion of your sales to a cause. This initiative not only supports a worthy cause but also generates positive exposure for your bakery, as customers appreciate businesses that give back to the community. Online Presence and Local Directories Having a strong online presence is essential for increasing local awareness. Create a professional website that highlights your products or services, and optimize it for local search engine optimization (SEO) to improve your visibility in local search results. Register your business with online directories and review platforms such as Google My Business, Yelp, and TripAdvisor. Encourage satisfied customers to leave positive reviews, as online reviews play a significant role in building trust and attracting new customers. Example: If you run a boutique clothing store, optimize your website by including location-specific keywords and updating your Google My Business profile with accurate information, attractive images, and positive customer reviews. This increases the likelihood of your store appearing in local search results when potential customers are looking for nearby clothing stores. Social Media Engagement Utilize social media platforms to engage with your local audience and promote your brand. Regularly share valuable content, such as tips, behind-the-scenes glimpses, or customer success stories. Encourage user-generated content by running contests or featuring customer photos. Engage with followers by responding to comments and messages promptly. By building an active social media presence, you can foster a sense of community and increase brand recognition among your target audience. Example: If you own a coffee shop, use Instagram to share aesthetically pleasing photos of your drinks, cozy corners, or latte art. Encourage customers to share their photos using a branded hashtag, and feature their pictures on your profile. This not only creates buzz but also encourages others to visit your coffee shop to experience the ambiance themselves. Local Collaborations and Cross-Promotions Collaborating with other local businesses can be mutually beneficial in terms of brand exposure. Identify complementary businesses in your area and explore opportunities for cross-promotions or joint marketing efforts. For example, you can offer exclusive discounts or package deals when customers make purchases from both businesses. By tapping into each other’s customer base, you expand your reach and increase awareness of your brand within the local community. Example: If you own a gym, partner with a nearby health food store to offer a discount coupon for a gym membership when customers make a purchase at the store. This encourages a healthy lifestyle and exposes your gym to potential customers who are interested in fitness-related products. Local PR and Media Coverage Building relationships with local journalists, bloggers, and influencers can help generate media coverage for your business. Reach out to local media outlets, offering them story ideas or insights related to your industry. Consider hosting local events or participating in local trade shows, which can attract media attention. Being featured in local publications or online platforms increases your company’s visibility and establishes you as an authority in your field. Questions Example: If you operate a pet grooming salon, collaborate with a local pet blogger or influencer to offer tips on pet grooming or demonstrate grooming techniques. This partnership can lead to a feature article or blog post that introduces your business to a wider audience. What other suggestions would you include for how to boost a company’s local awareness in meaningful ways but doing so inexpensively? Please take a moment to share your thoughts and experiences so others can benefit from your input! Interested in learning more about business? Then just visit Waters Business Consulting Group to learn more about us and the services we offer.

How to Fire a Client

May 24, 2017 No Comments

Every entrepreneur will eventually fire an employee or severe a relationship with a supplier or vendor. These are the most common scenarios we associate with pink slips and the practice of doing business. However, there’s another we don’t often think about, or, only privately suffer because it’s difficult to own-up to a mistake. In this particular situation, you’ll have to fire a client and it can be very difficult to face. You must consider the financial impact, and, the dynamics [read: pain point] it will unleash on your business in the aftermath. You might be confronted with a negative review, an unpleasant back-and-forth, or even a total disruption of your business workplace. Ways to Fire a Client With the new year fast approaching, you’ve probably begun to focus on your personal and professional resolutions. One of them could very well be to purge toxic relationships, which include bad clients. These can be individuals who love to demand rather than delegate, micromanage work to the point there’s no real point someone else does any of it, insists on rushing which compromises quality, or other detrimental behaviors. When you are just getting started with your business, you’re probably willing to work with any and every client who comes your way. However, not every client is a good one. The emotional, physical, and mental drain caused by a bad client relationship can keep you from enjoying your job and negatively impact the work you do for other clients. At times, the best way to grow your business is to let go of those clients who are holding you back. —Forbes.com It could be a well paying client who has a penchant to promote pandemonium, one who expects deep discounts but superior work quality, wastes your time without remorse or even any acknowledgement of it. You know who he or she is because you dread any contact and even the sight mention of his or her name is enough to make you cringe. Still, you put-up with their bad conduct because you feel a sense of loyalty. So, how are to you end such a relationship? Start with some genuine, introspective soul-searching. Is it something that you’re taking offense to that’s more about your personality? Are you contributing to the chaos with your own behavior? If you’re honestly not part of the problem, then try to resolve the situation first. Approach it subtly, but earnestly, and see what happens. If this doesn’t work, there are ways to fire a client and depending on the situation, one will probably be the best solution: Inform the client you are refocusing your efforts. Every new entrepreneur will accept any type of work when first starting out, even if it’s not a strong-suit. At this early juncture, revenue flow is a top priority. However, it undermines and erodes the relationship over time. Use this to your advantage and explain how you are not serving his or her best interest. Point this out and gracefully bow-out. Announce to the client you have to raise your rates. Money is a big deal — make no mistake about it. You know it to be true as does the professional who’s always espousing the healthy attributes of professional relationships, giving back to the community, good will, and the like. While those are indeed wonderful things, money is a practical part of business and announcing you’re raising your rates might just be the nudge which sets you free. Give him or her options for other service providers. Explain you are moving in a direction to serve a specific subset of your clientele. Along with it, give him or her options, recommending different competitors. Manage his or her expectations by providing actionable steps. Some clients will resist ending the relationship at nearly any cost. They’ll make promises about changing their behavior, bringing you more business, or other saving graces. Since you want to sever the relationship cleanly and permanently, provide a list of actionable steps he or she can take without your assistance. If you aren’t necessarily dealing with a problem client, just one who is no longer profitable, but still pays on-time and is good-natured, speak with less expensive, alternative service providers and give them the business. This creates a win-win scenario for all parties. In my past businesses and as a business consultant and coach, I have experience in each of these circumstances with customers and clients. I have found that the best approach is an honest approach with a strong dose of caring and encouragement. So, what customers will you fire or have that crucial conversation with in 2016? Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]

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

Tips for Creating an Effective Employee Social Media Policy

Cheap But Meaningful Ways to Boost Your Company’s Local Awareness

How to Fire a Client

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