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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During the Coronavirus Quarantine, Communication is Key

April 1, 2020 No Comments

With the massive disruption the coronavirus has foisted on businesses and consumers alike, it’s more important than ever to keep an open line of communication. While many focus on the need for telecommuting or teleworking, they do not highlight on the very vital role of maintaining good relationships with not only customers, but vendors, and peers as well. What the Coronavirus Quarantine Teaches Businesses If COVID-19 teaches businesses large, medium, and small anything, it’s the fact to always expect the unexpected. Or, be prepared for as many contingencies as possible. While you can’t proactively guard against every single scenario, there are situations which your business should be equipped to handle. For instance, natural disasters, criminal activity, and of course, epidemics or as we’re experiencing now, a pandemic. Because nobody can predict what will happen next with the coronavirus, this causes great uncertainty. And this uncertainty has a direct impact on businesses. The only thing they can do is try to prepare for all outcomes. —JD Supra This isn’t by any means easy, but it is necessary to at least have a framework to deal with emergency situations, particularly those that have a long-term impact, such as the one the business world is experiencing right now. If you aren’t prepared, it will have a more disastrous impact on your company than it otherwise would. How to Maintain Business Relationships during a Time of Crisis When catastrophe strikes, it can come in many forms. If you’re business is able to continue operations, even in a very limited capacity, then it’s of utmost importance to keep lines of communication open with everyone. Here are a few helpful suggestions for how to do just that: Reassure employees. Although no one can predict the future, you do need to be upfront and honest about your situation with your team members. While you don’t need to paint a doomsday scenario, you do need to let them know where things stand and what’s likely to happen. Reach out to customers. Many churches around the country are digitally broadcasting their weekly messages. And, some are even taking it a step further by personally phoning every single member. You can do the same with your customers, starting with the most valuable. Give them a call personally, or have employees join you to touch base with everyone. Speak with your vendors. This is basically the same idea. But, here you’re doing two things — giving them a heads-up of where you stand and inquiring as to what they are doing and have planned for the near future. Take some time to reflect. You should also take advantage of any downtime to do a little introspection. Use the opportunity to unplug in a quiet place and think about your next course of action and how you can improve your business. What other suggestions do you have? Please comment to let everyone know about your thoughts and experiences! Interested in learning more about business? Then just visit Waters Business Consulting Group.

The Two Key People that Can Tell You if a New Hire will Work Out

August 21, 2020 No Comments

There are two people in your life that can immediately tell you if a job candidate is a good hire. When both (or either one) doesn’t get a good vibe, it’s an important warning sign to heed. While some candidates fit the bill precisely on paper, but it’s what’s not on the resume that’s most telling. Trouble is, you might miss these cues. And, that’s where two key people in your life and business come into the picture. Resume versus Reality Paper credentials are indeed important. But, if his or her personality doesn’t gel, he or she just won’t work out. That’s not necessarily a bad thing because it means there are other qualities that you need to have in that position. Put another way, intangibles can’t be ignored. Even when there’s an impressive track record, that doesn’t seamlessly translate into the perfect fit. Hiring someone who doesn’t fit your company’s personality can be a very costly mistake. To avoid making that mistake, make sure to interview job candidates for cultural fit, as well as job qualifications. —Inc.com We’ve all heard the stories of Steve Jobs. A marketing genius. A man who could somehow see into the future. However, a very difficult person to work for and with. Although he built a huge company, he did so stepping on a lot of toes and hurting many people’s feelings. Of course, this is just an example. Yet, it does help to illustrate a point — someone can have a spectacular resume but isn’t a true team player. Best Ways to Size-Up a Potential New Hire So, how do you know if someone is a good fit for the position? Sure, read his or her resume. Ask some questions before and during an interview. Then, rely on two key people to read the tea leaves. Just who are these individuals? The answer is: your spouse and your right hand man. While the latter makes perfect sense, the former just might surprise you. (That is, unless your spouse works in the business with you.) But, for business owners who don’t work with their spouses, this could be a bit out of left field. However, it’s a great way to get a real feel for someone. After all, your spouse knows you just about as well as anyone could. She or he can glean things from another person you could easily miss on your own. And, that’s where your right hand person is also valuable. He or she will also be able to judge a potential hire in more ways than just on paper. So, get together for lunch and over dinner. And, do so separately (your spouse on one occasion and your right hand on another). Then, ask their impressions about the job candidate and listen carefully. You’ll probably learn a lot. Plus, you’ll get valuable feedback that can help you to make the right decision. What other suggestions do you have for sizing up a potential new hire? Please take a moment to share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

3 Subtle but Serious Signs a Business Partnership is in Big Trouble

February 6, 2020 No Comments

Ostensibly, a partnership is an ideal way to bring two necessary but different skill-sets together. After all, it makes sense to join various strengths in order to form an alliance. Such an arrangement seems like it will yield fruitful results. However, far more partnerships fail than succeed. There are many obvious reasons why this happens. But, it’s not always so clear-cut. So, let’s take a look at some subtle telltale signs that a partnership is in trouble. The Biggest Partnership Dangers Dave Ramsey has made famous his five dangerous D’s of partnerships: death, disability, disinterest, drugs, and divorce. Of those, only one makes the list below. That’s because it’s not always crystal clear that something is awry. You generally spend more waking hours at work than at home, which means you have more opportunities to interact with your business partner and the nature of your interactions tend to be more intense, with more potential for conflict because there are so many external variables that are beyond your control. —Forbes.com There are scenarios when very subtle factors are in play. Unfortunately, most business people miss these signals put out by their partners. Eventually, they become more pronounced and at that point, it is usually too late to save the enterprise. 3 Signs a Business Partnership is in Jeopardy When a business partner goes through a very difficult time in his or her life, it’s usually quite easy to see the writing on the wall. But, there are instances when there are no overt problems or issues. Here are three subtle yet serious signs a business partnership is in trouble: Apathetic. Let’s begin with the only sign that makes the list above — disinterest. This can manifest in two different but similar forms: distraction and apathy. A lack of concern and focus can wreak loads of havoc on a business. Before you know it, the onus falls on you alone. That’s when you’ll realize your partner is no longer interested in participating. And, by this time, it usually causes an irreversible rift. Autonomy. On the opposite side of the spectrum is autonomy. Sure, being able to operate independently is typically a good thing. Except when there’s far too much of it. So much, you find out about key decisions well after the fact. This is a sign that unpleasant news is most likely on its way to you. Elusive. This is a very tough one and perhaps, the most frustrating of the two because it’s so difficult to understand. When your partner becomes elusive, that is to say, overzealous one moment and indifferent the next, you’ll struggle to cope with why. This will only lead to unnecessary disruptions and make the partnership unsustainable. What other signs would you add to the list? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.