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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Now, It’s Time to Talk about Remote Layoffs and How to Cut Ties the Right Way

March 18, 2022 No Comments

When it comes time to let someone go, the situation can be difficult — especially if that person is remote. You may feel like you need to handle the situation in person, but that’s not always possible. So, let’s discuss how to lay off or terminate a remote worker with professionalism. Read on to learn what you should do and what you should avoid doing so that the process goes as smoothly as possible for everyone involved. Remote Hiring and Work Means Remote Lay Offs and Terminations When it comes to layoffs, there’s a lot of talk about sending people home. But when remote work is factored in, that can mean terminating employees who are located in other states or countries. And suddenly, the logistics of layoffs become a lot more complicated. For employees, losing a job can be a traumatic event. And for a leader, cutting someone from your team comes with its own kind of pain. Still, for any number of reasons, layoffs may be a hard but necessary move. Over the past two years, more and more companies have had to navigate this decision in a newly remote landscape, which can make an already challenging process even more difficult. Handle it poorly and you’re liable not only to upset laid-off employees, but also generate fear and anxiety amongst your remaining workforce. —Inc.com It’s no secret that the way we work is changing. With advances in technology, more and more people are working remotely. And while this can be a great option for employees, it can also present challenges for employers. One of those challenges is layoffs and terminations. When you have employees scattered all over the country (or even the world), it can be difficult to let them go. But with the right planning and execution, it can be done effectively and humanely. How to Dismiss a Remote Employee and Do it Professionally When you’re terminating a remote worker, it’s important to be clear and concise in your communication. You’ll want to avoid giving false hope or being vague about the situation. Be sure to thank the employee for their work up until this point, and let them know that the decision is final. It’s also crucial that you provide a clear timeline for the termination process so that the employee knows what to expect. This will require actual interaction. Do not send the bad news via email (or worse, text). Give him or her the courtesy of being professional by doing the following: Be prepared. This is something you’d definitely do in person. Although you’re not in the same physical location, it’s a good idea to know what you’re going to say. You can even prepare a shortlist of talking points to refer to but don’t create a script to read word for word. Instead, be prepared to speak as you would in normal circumstances, it’s okay to even rehearse so you can stay focused and not be unnecessarily distracted, which would be very discourteous. Set a time. Just like you would if you were letting someone go who works in the office, you should set a time to meet. Be sure to clear your schedule and to have ample time for the interaction. If something comes up unexpectedly beforehand, simply reschedule. If there’s an untimely interruption during your talk, simply dismiss it and deal with it later. Go face-to-face. Sure, you’re not sitting across the desk from someone in a room, but for all intents and purposes, that’s still what happens. Again, don’t deliver the bad news through email, even if you are an elegant writer. Give him or her the professional courtesy that he or she deserves and unless it’s a totally irretrievable situation, do not burn your working bridges. Answer questions candidly. Last but certainly not least, be professional enough to answer any questions and do so honestly unless you really don’t have an answer. In the case of the latter, simply tell him or her the truth but don’t dwell on it and don’t make it into an excuse. What other suggestions do you have for letting a remote employee go? Please take a few minutes to share your thoughts and experiences so others can benefit. Interested in learning more about business? Then just visit Waters Business Consulting Group.

Summmer Interns Tanking Your Team?

June 12, 2025 No Comments

Summer interns can bring fresh energy to your team, but what happens when they fall short of expectations?

Thinking About Introducing Summer Fridays to Your Employees? Here’s What Small Business Owners Need to Know

June 22, 2023 No Comments

Summer Fridays are a type of alternate scheduling that allows employees to either leave the office early or take the day off at the end of the week. As the name suggests, these reduced hours occur during the summer months and apply only to Fridays. Obviously, team members appreciate the option and this policy can be beneficial to both employees as well as businesses. Just What are Summer Fridays? Again, workplace Summer Fridays refer to a flexible work policy where employees are granted reduced work hours or time off on Fridays, typically during the summer season. The specifics of Summer Fridays can vary depending on the company, but the most common approach is to allow employees to leave early or take the entire afternoon off after completing their required work hours for the week. Reasons to Incorporate Summer Fridays Summer Fridays are a popular perk that can be a great way to boost employee morale and productivity, but it’s important to carefully consider the pros and cons before implementing this practice in a small business. Here are the advantages companies can expect to gain: Increased employee morale and engagement. Offering Summer Fridays can boost employee morale, satisfaction, and motivation. Knowing they have extra time to enjoy summer activities or spend quality time with friends and family can increase overall happiness and job satisfaction. This, in turn, can enhance productivity and reduce burnout. Improved work-life balance. Small businesses often face challenges in maintaining a healthy work-life balance for their employees. Summer Fridays provide an opportunity for employees to recharge, reducing stress levels and preventing burnout. The increased flexibility can also allow employees to schedule personal appointments, attend children’s activities, or engage in hobbies, which can positively impact their well-being. Attraction and retention of top talent. In a competitive job market, small businesses may struggle to attract and retain skilled professionals. Implementing Summer Fridays can be an attractive perk for prospective employees, differentiating the company from competitors. Additionally, existing employees are more likely to stay with a company that values work-life balance and offers flexibility. And, last but certainly not least – increased productivity and focus. Shortened work hours can lead to increased productivity as employees strive to accomplish their tasks within a condensed timeframe. Knowing that they have limited hours available can encourage employees to prioritize their work, minimize distractions, and focus on completing their assignments more efficiently. Considerations Small Businesses Need to Take into Account Before Implementing Summer Fridays Of course, there are always some potential drawbacks or downsides that go along with just about any type of change, regardless of intention and promise. Here are some things small businesses need to consider about Summer Fridays: Impact on operations and client expectations. Before implementing Summer Fridays, small businesses need to consider the potential impact on their operations and client relationships. Adequate planning and communication should be in place to ensure that reduced work hours or the absence of key employees on Fridays do not disrupt workflow or negatively affect customer service. Scheduling and staffing challenges. Small businesses often operate with limited resources, and adjusting schedules to accommodate Summer Fridays may present staffing challenges. Careful consideration should be given to workload distribution, cross-training employees, or arranging for temporary help to ensure essential tasks are covered. Consistency and fairness. It is crucial to establish clear guidelines and policies for Summer Fridays to ensure consistency and fairness among employees. Setting expectations, defining eligibility criteria, and addressing potential conflicts can help avoid misunderstandings or negative feelings within the team. Communication and transparency. Effective communication is key when implementing any new policy. Clearly communicate the details, benefits, and expectations of Summer Fridays to employees. Openly address any concerns or questions and be transparent about how the policy aligns with the company’s goals and values. What else would you include in the pros and cons of instituting Summer Fridays that small businesses should know about? Please take a few moments to comment and share your thoughts and experiences so others can benefit from your unique perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group to learn more about us and the services we offer.