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″]

Big Benefits of Business Coaching

May 16, 2017 No Comments

It takes a lot of determination, grit, and optimism to start and grow a business in today’s environment. The duality of the web is that you can broadcast further than ever before, reaching more potential customers, but so can your competition. The internet certainly changes the dynamics of business, but it’s not your only tool. You have more at your disposal, and for many entrepreneurs, they don’t look to much else. That certainly creates a problem, but it’s one that can be overcome, with the right attitude and mindset. Put another way, business owners succeeded before the advent of the web, and, those who are now growing do so making the most of what’s available. These entrepreneurs understand that ultimately, business is all about people, and, having the advice of an experienced professional does so much. The Big Benefits of Business Coaching You’ve heard about business coaching but might wonder why companies utilize their services. One advantage is gaining insight into what growing a company looks like from someone that’s been through the process time and again. Often times, companies lack experience in dealing with problems not faced before. They simply don’t know where to begin, or, what tack to take. Business coaching is not just for entrepreneurs with small to medium sized enterprises. In fact, studies have shown that over 58% of large corporations have expanded their use of business coaching over the last few years. Why? Because it works. —Enterprise Hub That’s a really a bad place to be and decisions made with uncertainty rarely have good outcomes. It’s not just fear that fells companies and alters their direction, but also, lack of preparation and not having an adequate, workable system in place. There are still more reasons companies benefit from business coaching, including the following: Organization and time management. A huge problem for most business owners is that so many things compete for their attention. That can easily lead to becoming disorganized, and, to poor time management. With someone helping to set priorities, schedules, and boundaries, a lot more will get done with the most important tackled at the right time, with limited distraction. Setting achievable goals to build momentum. One thing that can weigh down a business and get an entrepreneur stuck is lack of achievement. The reason material is taught in a incremental, tiered fashion, practically no matter the subject, is because it works. People are naturally motivated to reach other goals when they’ve had success. Sure, there is always the possibility of failure, but when it has a small impact, it’s a lot easier to overcome. Making team members accountable. A hobgoblin of business is one the wreaks havoc both subtly and overtly: little to no assigned accountability. For team members, as well as owners, to be truly productive, creative, and deliver their best, everyone in the organization needs to be held accountable. The trouble with this scenario is those on the inside usually have difficulty seeing the forest for the trees. Put another way, it’s hard to assign accountability to each team member because you’re dealing with personalities and emotions. A third party will have a much more clear view. Smart financial projecting and planning. It’s not easy to make financial projections and plan for the future when you’re trying to run a business. While you likely have a grasp on potential, there will be contingencies. Here again, having an experienced hand will take off pressure and keep you from diluting the numbers for a variety of reasons. Creating a better, more open environment. When everyone in the organization feels valued and is encouraged to contribute creatively, there’s a lot of good that will come as a result. Tapping into those resources must be done in a positive, proactive, and genuine way. [shareaholic app=”follow_buttons” id=”26833294″]

How Small Business Owners can Prepare for a Recession and Beat Out their Competition during Economic Downturns

April 7, 2023 No Comments

In an economic downturn, small businesses are often hit the hardest. It’s a challenging time for everyone, but for small business owners, it can mean the difference between survival and closure. Preparing for a recession is key to making sure your business stays afloat, and outperforming your competition can give you an edge that keeps you ahead even after the economy has recovered. How Small Businesses can Prepare for a Recession One of the most important things that small business owners can do to prepare for a recession is to build up a strong financial foundation. This means having a healthy cash flow, low debt, and a solid reserve of savings. Having a strong financial foundation will give you the flexibility to weather the storm of a recession and to continue operating your business even if sales decline. Cutting costs is also one of the most important things small business owners can do to prepare for a recession. Review your expenses carefully and look for areas where you can save money without sacrificing quality or service. As a small business owner, the idea of a recession can be scary. Many businesses have not been through a recession. It’s much easier to make money when things are good in the economy than it is when times are tough, but that doesn’t mean a small business can’t survive and even thrive during a recession. —Entrepreneur.com Another important step that small business owners can take to prepare for a recession is to diversify their business. This means offering a variety of products or services, targeting a variety of markets, and having a presence in multiple locations. By diversifying your business, you can reduce your reliance on any one market or customer segment. This will make your business more resilient to the ups and downs of the economy. How Small Businesses can Outperform their Competition during an Economic Downturn Now, it’s not enough to be prepared for tough economic times – you must also be equipped to perform to your best and even beat your competition by making key moves at strategic times. Here are some ways to do just that: Diversify your offerings. Again, one of the best ways to prepare for a recession is to diversify your offerings. If your business relies heavily on one product or service, it’s time to start exploring other areas you could branch out into. This could mean offering new products or services that are more recession-resistant, such as essential items or affordable luxuries. For example, a restaurant might start offering takeout or delivery services in addition to their dine-in options. A clothing store might start selling more affordable items to appeal to customers who are tightening their belts. Focus on customer service. During tough times, customers are more likely to stick with businesses they trust and have had good experiences with. By focusing on customer service, you can build relationships with your customers that will last beyond the recession. Make sure your staff is well-trained and equipped to handle customer inquiries and complaints. Offer personalized recommendations and rewards for loyal customers. Consider implementing a loyalty program to encourage repeat business. Improve your online presence. With more people staying home and shopping online, having a strong online presence is more important than ever. Make sure your website is up-to-date and easy to use, and consider investing in online advertising or social media campaigns to reach new customers. Offering online sales or delivery services can also help you reach customers who might not be able to visit your store in person. Make sure your online ordering and payment systems are easy to use and secure. Stay agile and adaptable. Finally, one of the most important things small business owners can do to outperform their competition during a recession is to stay agile and adaptable. Keep an eye on market trends and be willing to adjust your strategies as needed to stay ahead of the curve. For example, you might adjust your prices or promotions to appeal to customers who are looking for more affordable options. You might also explore new revenue streams, such as selling merchandise or offering online courses or consultations. What other kinds of advice would you give new business owners and entrepreneurs about how to prepare for an economic downturn and even thrive in such conditions? Please take a few minutes 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.

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

Big Benefits of Business Coaching

How Small Business Owners can Prepare for a Recession and Beat Out their Competition during Economic Downturns

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