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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Reasons Why Your Business Stays Cash Poor

May 16, 2017 No Comments

Business owners and management professionals alike know the importance of maintaining positive cash-flow. It serves as the bloodline of a company, no matter its size, or even its asset position. In fact, some businesses learn the hard lesson that too much tied-up in assets is a liability. Having to sell such leverage just to meet obligations isn’t exactly a sign of good management. Another irony is found in two of the biggest reasons business fail: too little business or too much business. It is certainly strange the latter exists, but it’s nonetheless a reality. In fact, a proprietary study conducted by U.S. Bank provides proof — 82 percent of business failures result directly from poor cash management. Even though these entities earn more than enough business to keep their doors open — a lack of proper management is far too destructive. Reasons Why Your Business Stays Cash Poor The fundamentals of cash flow aren’t complicated to understand, but rather, to execute. The movement of funds in and out of a company is what constitutes cash flow — it can be positive or negative. When money is left over after all expenses are paid, that is positive cash flow. Conversely, when outflow exceeds inflow it constitutes negative cash flow — often a death knell of businesses experiencing the same. Cash flow is one of the most critical components of success for a small or mid-sized business. Without cash profits are meaningless. Many a profitable business on paper has ended up in bankruptcy because the amount of cash coming in doesn’t compare with the amount of cash going out. Firms that don’t exercise good cash management may not be able to make the investments needed to compete, or they may have to pay more to borrow money to function. —Inc.com Many businesses struggle with keeping expenses in-check and that’s normal. It’s due to the dynamic ebb-and-flow of a free system in which goods and materials costs can rise or fall as market conditions fluctuate. However, when cash flow is continually poorly managed, it manifests itself in a number of ways. Here are some of the most common reasons why your business stays cash poor: There’s too much tied-up in inventory and materials. Glance back to the first paragraph and this demonstrates a trap into which some businesses fall. That is, acquiring assets of value which must be liquidated to meet an obligation. The entire point of acquiring business assets is to retain same, not to liquidate, especially for day-to-day operating expenses. You’re not constantly examining business-to-business expenses. One of the most common bits of consumer advice circulated is going over every one of your monthly bills one line at a time. The reason, of course, is to be vigilant and discover any unauthorized charges or find slight up-charges in normal line items. Businesses ought to do the same because it’s easy to let recurring monthly bills be paid on autopilot without any real scrutiny. Accounts receivables stay sparsely busy. This is perhaps one of the most unpleasant aspects of doing business — collecting money owed. For some companies debt collecting is left to a single person or small team. For many others it’s the responsibility of the owner. Every dollar that’s in the receivables column is one that isn’t working for your business. There’s poor cash-flow forecasting. What the probable future looks like is very important. While you probably won’t be able to forecast to the penny (even a lot more) it’s worthwhile to have a glimpse into the future, especially when cash-flow is anemic. Growth is reducing cash-flow. Here again we see irony. When a business is growing, it surely must have positive cash flow — right? Not necessarily. There are a number of tricks a company can use to ostensibly grow. Even in a healthy environment, growth can still be a drain on cash and slowing growth can actually improve cash flow assuming your margins and overhead are in line. Another dynamic which can wreak havoc on a business is out of sync credit accounts. When vendors expect to be paid but accounts receivables aren’t set to accept payments before those dates, it unnecessarily reduces a business’ cash position. Obviously, not paying vendors on-time is something to be avoided because it can cost your company in terms of creditworthiness and reputation. You might be the heart beat of your business, but cash flow is the “life blood” of a business. Please follow me on: Facebook | Twitter | Pinterest | Instagram [shareaholic app=”follow_buttons” id=”26833294″]

Considering Setting Up an Employee Profit-Sharing Plan? Here’s What You Need to Know

March 10, 2022 No Comments

When it comes to small businesses, one of the biggest challenges is finding ways to keep employees happy and motivated. This, especially in challenging times such as these, when there’s a labor shortage and even qualified individuals aren’t seeking new opportunities or becoming statistics of the Great Resignation. What’s more, it can be tough to compete with larger businesses when it comes to salary and benefits. One way that small businesses can attract and retain top talent is by setting up an employee profit-sharing plan. In this blog post, we will discuss the pros and cons of employee profit-sharing plans and why they are so beneficial for small businesses. Biggest Concerns Small Business Usually Have about Employee Profit-Sharing Plans There are a few drawbacks to setting up an employee profit-sharing plan as well. Obviously, the biggest concern is the expense. There can be some costs associated with setting up and maintaining a profit-sharing plan. Doing so can be complex. Profit-sharing plans are generally nuanced, and it is important to make sure that they are set up correctly. Otherwise, it could create problems down the road. Moreover, these programs usually include tiers, making them even more difficult to establish in the beginning. A profit-sharing plan, also referred to as a deferred profit-sharing plan, gives employees a share in the profits of the company based on the company’s earnings. Employee profit-sharing plans have distinct advantages, which contribute to a small business’s overall morale and bottom line. —Houston Chronicle Small Business Employee trust is yet another common issue. Employees need to trust that the company is doing well and that their hard work is actually contributing to the company’s success. If there is a lack of trust, employees may be less likely to participate in the profit-sharing plan. In other words, at least some plans require employees to give up part of their immediate compensation (or future earnings). Pros of Employee Profit-Sharing Plans However, though downsides do exist, there are several benefits to setting up an employee profit-sharing plan. Some of the biggest benefits that create win-win situations for employees and businesses alike include: Increased morale and motivation. When employees see that they are benefiting from the company’s success, they will be more motivated to work harder and be a part of the company’s success. Increased productivity. When employees are motivated and feel appreciated, they will be more productive in their work. This boosts overall output and contributes to a healthier bottom line, which likewise contributes to the profit-sharing model. Attracts and retains top talent. Employees want to know that they are valued and that their hard work is being duly rewarded by making the company financially stronger. A profit-sharing plan shows employees that you care about them and want to reward them for their hard work. Overall, setting up an employee profit-sharing plan can be a great way to attract and retain top talent at your small business. While there are some drawbacks, the pros far outweigh the cons. If you are considering setting up a profit-sharing plan, be sure to consult with an accountant or financial advisor to make sure you are doing it correctly. My firm has helped many of our Clients set up profit-share plans that have been very effective in providing incentives for those employees who qualify and contribute to the success of the business profitability. What other advantages and disadvantages would you include? Please share your own thoughts and experiences so others can make a more informed decision. Interested in learning more about business? Then just visit Waters Business Consulting Group.

Want to Make Your Business More Successful? Start by Helping Others

September 21, 2017 No Comments

There are a number of things you can stop doing to benefit your business. But, there are also plenty of things you should do to be more successful. Hurricane Harvey and Hurricane Irma clearly show there’s always a need to help your fellow citizens. Although Hurricane Harvey and Hurricane Irma are now gone, their impact remains. And, that presents a great opportunity for you personally, as well as your company. The Numbers Prove Helping Others is Good for Business It doesn’t have to be a natural disaster, either. You can help others in several different ways. For instance, taking a new entrepreneur under your wing is just one. Volunteering your time to speak to others who are starting up or creating a new venture is another. Even donating your time to a local charitable organization is a way to grow personally and help your business in the process. Plus, statistics show this is the case. Mentored businesses increase their revenue by 83 percent, compared to 16 percent for non-mentored counterparts. Moreover, 83 percent of mentored businesses survived, compared to 74 percent of non-mentored companies. When you decided to become an entrepreneur, what reasons motivated that decision? For some people it is the opportunity to make a lot of money, the freedom to live by their own convictions, or to live a certain lifestyle. While these are great personal goals, too much focus on these things can lead you down the wrong path. —Inc.com The thing is, you need real face time with real people. Put technology aside and showcase your own strengths. If you have a skill set that’s not particularly useful for your company, put it to work elsewhere. And, do so with an open heart. Because if you approach it purely as a business opportunity, people will take notice. Why Helping Others is Good for Business When you go into business for yourself, it’s not all about you. While you might start a company to be more independent, you’re still serving the needs of others. And, that’s a good thing because it does offer some real advantages. Here are a few great reasons why helping others is good for business: You make more meaningful connections. When you help others out, you immediately tell people it’s not all about you. That means you are more genuine and therefore, someone who is interested in others. Such unselfish behavior inherently means you’ll make more meaningful connections. You have greater appeal to quality clients. It’s true that when you help other people, you’ll gain better personal qualities. Those are apparent to others and that’s a wonderful stepping stone to find quality customers. You provide real benefit to the community. Not only do you feel personally rewarded for helping others, you also provide benefit to the community around you. So, people within the community will definitely take notice and that’s another advantage. You inspire others to get involved and improve. Giving your time sets an example others will follow. Which makes you a leader and that’s a great attribute. You’ll be regarded as a leader and someone who gives back to the community at-large. How do you help others? What have you done to serve other people that’s benefited your business? Please share your thoughts and experiences by leaving a comment! Interested in learning more about business? Then just visit Waters Business Consulting Group. [shareaholic app=”follow_buttons” id=”26833294″]