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 is the Perfect Time to Plan for the Next Big Disruption

July 13, 2020 No Comments

Pandemics, natural disasters, and other unfortunate events might be a rarity, but they do happen. While it’s certainly possible we may not experience a major event in the near future, it’s irresponsible to ignore the possibility. After all, there’s an undeniable truth to the old adage, “Better safe than sorry.” Even if it is only a minor occurrence, being prepared is just plain smart. Fortune Favors the Prepared You’ve no doubt heard the expression, “Fortune favors the prepared.” The reason it’s been around so long, is because it’s proven true time and time again. When you have a plan in-place, you’re much less likely to panic. Stress and anxiety are very powerful emotions which can cause you to make rash decisions. And, everyone knows that making decisions in a rush often leads to worsening already bad situations. Today’s business landscape has several unique features, which will add new complexities on top of the historical playbook. This makes it important for business leaders to prepare for the specific circumstances of the next downturn, as well as exploiting the right lessons from the past. —Harvard Business Review So, knowing what you’re going to do in advance provides you with an immense advantage. You’ll be able to follow along a predetermined path. At the very least, you’ll have parameters in-place to help guide you, should your plan not be totally applicable. Planning for the Next Big Disruption We’ve already gone over some of these points before, but most, if not all, warrant repeating. When you prepare, it’s much easier to take decisive action, virtually eliminating the need to debate a course of action. Here are some helpful tips for how to plan for the next unplanned event: Ready your team for truly remote capabilities. When the impact of the novel coronavirus was foreboding and uncertain, precautionary steps were the only responsible thing to do. If you allowed your employees to work from home, they did so on the fly. And, since reopening, might have returned part- or full-time to the office. However, they probably did not have and still don’t have all the necessary resources to truly work remotely. Put those tools in place now and this will offer you a more seamless transition if needed in the future. Prepare your place of business. We previously discussed protecting a business from vandalism. Although this is unpleasant to think about, it is something that you should plan for. Having the right security and structural preparedness is a necessity to limit damage caused by vandalism. Additionally, you should have prevention and recovery tools in place for other events, like natural disasters, criminal activity, and other unfortunate events. Streamline your organization. Due to the global pandemic and subsequent shutdowns, many businesses furloughed or outright terminated employees. But, expenses remained, despite a marked decrease or near complete cutoff of earnings. While you may have made some temporary adjustments or even cut some expenses out altogether, now is an ideal time to re-examine your operations, pinpointing duplication, inflated expenses, and other unnecessary elements. The overall point being, even if you managed to pull through this last disruption, you may not be able to do so again. Now is an ideal time to plan ahead put in place measures so they are ready to go at a moment’s notice. What other suggestions do you have getting prepared? Please, take a moment to share your thoughts and experiences by commenting and benefiting others! Interested in learning more about business? Then just visit Waters Business Consulting Group.

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″]

How to Move Past a Bad Business Policy

May 16, 2017 No Comments

You identified a problem, took action, and enacted a new policy. Your people don’t like it (read: hate it), and, now you’re dealing with the fallout. It’s not an enviable position to be in, but nonetheless, here you are and now, you have to take action–again. The advice you’ve long heard about learning from your mistakes is now a reality, and, you are willing and able to accept it. The problem is how to move past a bad business policy and avoid repeating the same mistake in the future. Though you know this one backfired, you can’t be sure of how other policies you enact moving forward will impact your team and your business at-large. It’s okay to be retrospective and to attempt to peer around the corner, but for now, what you really need is to make things right. How to Move Past a Bad Business Policy The very fact that you are willing to recognize you made a mistake is a positive sign. However, you might still have a problem to deal with and you don’t want Murphy walking back into your organization, wielding his rule which states, “every solution breeds new problems.” You’ve already seen that unfold and it should have phased you enough to make a change. …we hate to fail. We fear it, we dread it, and when it does happen, we hold onto it. We give it power over our emotions, and sometimes we allow it to dictate our way forward (or backward). Some of us go to great lengths to avoid failure because of all the pain and shame associated with it. —Forbes It’s also good that you’re self-aware enough to accept the blame instead of digging in and defending what you’ve done, which will only insult your team members. So, how do you prevent this from happening again, but, still be able to enact policies that don’t end-up backfiring? Here are some helpful bits of advice you can use: Don’t be afraid to admit you made a mistake. This bears repeating, and, it does so big time. There’s little else more damaging than a leader who won’t admit he or she is wrong. It’s arrogant, harmful, and can cause good people to leave. In fact, the best thing to do is to have a sit down with your employees and others and talk about how you arrived at the decision, why it was wrong, and, how you plan to resolve the situation. Identify the problem and be proactive. Speaking of resolving the situation, you’re inevitably going to face problems again, so, before they have a chance to materialize, do what you can to thwart them. This won’t necessarily be easy, but your intuition will tell you when something is about to become a problem. Get ideas from your team about solutions. Your team members are among your most valuable assets. Don’t go it alone, speak openly with them and listen to their suggestions. You’ll likely find that doing so will present many ideas which can be molded together for a solution. Avoid new policies that create new problems. This is more difficult than you might think, but it’s still possible. Before you do enact a new policy, think about what it will do and how it will be received by your team. If you play it out and identify possible result scenarios, you can usually avoid making another bad policy. In my 34 years of business experience with ownership in 9 different businesses and consulting/coaching with hundreds of business owners, I have a long list of bad business policies that I have made. All of the policies well intended, but many times not fully thought through. My greatest lesson in making policies, is that hiring the right people with the right core values will minimize the policies that seem necessary to police and hold your team accountable. Those employees with the right core values will do what is right almost all of the time, thereby eliminating the need for many policies. [shareaholic app=”follow_buttons” id=”26833294″]

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

Now is the Perfect Time to Plan for the Next Big Disruption

Tips for Creating an Effective Employee Social Media Policy

How to Move Past a Bad Business Policy

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