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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Should I Automate Part of My Business?

December 30, 2021 No Comments

The use of automation in small business is becoming more and more popular. We all know that machines can do things faster and better than humans, but what about when it comes to replacing them altogether? In this blog post, we will discuss the pros and cons of using automation in your small business. The Automation Conundrum Automation can help businesses run more efficiently by replacing manual labor with machines. This can lead to increased productivity and lower costs. However, there are also some disadvantages to using automation in a small business. For example, automated systems can be unreliable and may need maintenance or repairs that can be costly and time-consuming. There is a growing need for business leaders to seek innovative ways to increase the output of their workers in order to retain their competitive positioning. Deciding to automate your workplace, partially or fully, is an important decision that needs to be made after carefully considering the pros and cons. —Businessing Magazine Additionally, if not used correctly, automation can actually decrease productivity by replacing skilled workers with machines that do not have the same level of expertise. In conclusion, it is important to weigh the pros and cons of using automation in your specific business before making a decision about whether or not to incorporate automation or even replace human employees. Business Automation Advantages and Disadvantages Of course, there are always upsides and downsides to making such changes in any size company. So, let’s take a look at the biggest advantages of using automation in a small business: Increased efficiency and productivity: Automation can help small businesses to run more efficiently and produce more output with fewer inputs. This can lead to increased profits and competitiveness. Reduced costs: Automated systems often require less maintenance than human workers, leading to reduced costs over time. Reduced risk of error: Automated systems are far less likely to make mistakes than human workers, leading to improved accuracy and reliability. Although these reasons definitely make it seem like a smart move and bode well for streamlining with technology. There are distinct disadvantages of using automation in a small business, like the following: Lack of flexibility: Automated systems are not able to easily adapt to changing circumstances the way that humans can. You might be faced with expensive and tedious reprogramming. Extra expenses: Can be expensive to set up and maintain automated systems. Machines break down and this alone could lead to substantial out-of-pocket costs. Overall efficiency: Automated systems may be less efficient than human workers in certain tasks. What other pros and cons would you include in regard to introducing automation in a small business? Please share your thoughts and experiences so others can benefit from your perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Ways to Deal with Employee Theft

May 24, 2017 No Comments

One of the most unappealing things about managing a workplace is having to deal with ugly situations. Employee theft, or, internal theft is perhaps the single worst scenario to encounter because often times, you won’t know the extent of it, at least, right away. This behavior can take shape in a number of ways, including fudging clock-in and clock-out times, taking supplies without permission, or, even stealing money. While the latter might get your heightened attention, it’s the more subtle that can go on for much longer periods and cost more in losses. Ways to Deal with Employee Theft Make no mistake about it, internal theft is a huge problem in the United States. However, it is difficult to gauge because so much of it goes unreported due to embarrassed or recalcitrant employers. The average estimate ranges widely from $20 to $50 billion per year, with Fortune reporting in the retail sector alone, a whopping $32 billion was lost in 2014, with an amazing 34.5 percent of that being attributed to employee theft. Only shoplifting outpaced it, accounting for 38 percent. Whether it’s downloading and sharing company confidential information (a hot topic these days), manipulating expense reports, or stealing merchandise- employee theft and fraud is a serious issue for business owners. In fact, studies show that occupational fraud now results in the loss of five percent of an organization’s annual revenue. —U.S. Small Business Administration While it’s an unpleasant experience to-be-sure, it nonetheless exists, and, in practically every workplace. The level, though, might be very minute, like the employee who occasionally takes a few postage stamps for personal use. When it comes to bigger issues, it’s not unusual for the owner and/or manager to be taken by surprise. After all, you do what you can to screen and interview every new hire, but sometimes, it’s not enough. The primary reason for this is a simple necessity, especially for small business owners who need to delegate responsibilities. They just don’t have the time to do it all on their own, so, they leave certain things to employees. This creates an atmosphere of opportunity where trust can be easily breached. When that happens, here are some ways to deal with employee theft: Evaluate the situation. When you discover the problem, it’s best not to jump to conclusions about the scope. It could just be a case of miscommunication or simply a lack of judgment. If you believe it to be serious and particularly one that’s ongoing, you should commit to take action. If it’s minor, you might consider issuing a written warning, placing him or her on probation, or, repayment. Document everything you can. If you discover supplies, inventory, materials, or money is missing, do everything you can to document what it is, when it happened, and it’s worth. You should gather as much evidence as you can to bring the situation to resolve. Phone your attorney or HR Consultant immediately. Dealing with internal theft is a serious matter and you don’t want to overstep your legal bounds. While you certainly have rights, you cannot afford to act in a rash manner. Call your lawyer and ask about what options are available to you. Call the local police or sheriff’s department. If your legal counsel instructs you to contact the local authorities on their non-emergency line, you should do so right away. While this won’t likely resolve the issue immediately, it will be a step in the right direction. Get in touch with your insurer. Another one of the first phone calls you should make is to your insurer to learn exactly what coverage you have in-place. You might have to file a claim to recover most or a portion of your loss. Once the initial work is done, consider how you’ll deal with preventing the same problem from occurring in the future. You should also discuss the matter with key team members and think seriously about how to present the issue and your reaction to others in your business. As a Leader, it is important that you don’t allow this to become office gossip, get out in front of it, and demonstrate your commitment to your company and how you reward good work and the consequences for theft. Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]

How Business Owners should Deal with Irresponsible Employees

June 9, 2022 No Comments

As a business owner, you are responsible for everything that goes on in your company – from the big decisions to the small tasks. This can be a daunting task, especially when you have to deal with irresponsible employees. These team members can cause serious harm to your small business, so it is important to know how to deal with them. In this article, we will discuss why irresponsible employees are harmful to small businesses and ways entrepreneurs can handle them effectively. Irresponsible Employees Pose Risks and Do Real Harm The first thing you need to understand is why irresponsible employees are harmful to your business. These team members often make poor decisions that can cost the company time and money. They may also put other employees at risk by not following safety procedures or by not completing their work properly. Irresponsible employees have a direct impact on productivity and the bottom line. Workers who shirk their responsibilities and rely on other staff to pick up the slack can also damage workforce morale. In a small business, just one irresponsible employee can create a culture of irresponsibility throughout the company, particularly if other workers see that the behavior is condoned or, worse, rewarded with promotions or plum assignments. Managers must act immediately to correct irresponsible behavior and promote responsible actions. —Houston Chronicle Small Business In some cases, irresponsible employees can even cause physical damage to company property. All of these factors can have a negative impact on your business, so it is important to deal with them quickly and efficiently. How Business Owners should Deal with Irresponsible Employees There are a few different ways you can deal with irresponsible employees. Obviously, there are some methods that are easier and more comfortable than others. Regardless, it’s necessary to course-correct bad behavior or it will only worsen and cause bigger problems. If you don’t deal with this particular situation, you’ll most definitely regret it later on at some point. The first step is to identify the problem and talk to the employee about it. It is important to be clear about what you expect from them and what the consequences will be if they do not meet your expectations. In some cases, you may need to give the employee a written warning or place them on probation. If the problem persists, you may need to consider firing the employee. But, before you dismiss an employee for good, it’s best to give him or her a real chance to make the necessary changes. Clearly set out your expectations and then let him or her come up with a game plan that will allow him or her to reach those goals. This way, it gives the individual the power to take responsibility and to control their own future. If he or she shouldn’t make real strides, it’s not your fault. Of course, it’s also advisable to help him or her along the way. If you provide the right incentives but do not accept unacceptable behavior, it’s far more likely that you’ll see substantial progress. Overall, you ought to notice a significant improvement through the evolution of your employee. Although, even such a well-planned, pragmatic strategy won’t guarantee success. Some individuals just don’t have the temperament or disposition to be a good fit for your organization. If that’s inevitably the case, it’s best for your business to let him or her go and move on. Dealing with irresponsible employees can be difficult, but it is important to do what is best for your business. These team members can cause serious harm to your company if they are not dealt with properly. By taking the time to understand the problem and by using the appropriate disciplinary measures, you can effectively handle these team members and protect your business from harm. What other suggestions do you have for dealing with an irresponsible employee? Please take a moment to share your thoughts and experiences so others can learn from your perspective. Interested in learning more about business? Then just visit Waters Business Consulting Group.