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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How Small Businesses can Make the Best Use of Local Partnerships

June 16, 2022 No Comments

Small businesses often find it difficult to compete with larger businesses, not just in terms of scale and resources, but also in terms of visibility. However, by partnering with local businesses, small businesses can create an ecosystem where they can mutually benefit from each other’s strengths. In this article, we will explore four ways that small businesses can make the best use of local partnerships to improve their business. After all, this is one of the best and most powerful growth strategies available, and better still, it’s often just a matter of making the right arrangements. How Small Businesses can Make the Best Use of Local Partnerships The first way that small businesses can make the best use of local partnerships is by optimizing customers’ experience. Local partnerships give small businesses an opportunity to provide their customers with a more personalized and customized experience. By partnering with other local businesses, small businesses can offer their customers a one-stop-shop solution that meets all their needs. One of a small business owner’s most strategic, and potentially profitable relationships, is the one he establishes with fellow business owners. When business owners offer complementary services, they can form partnerships to help them reach new customers and expand the products and services they offer. These local partnerships help businesses increase their visibility and build customer loyalty. —Houston Chronicle Small Business Another way that small businesses can benefit from partnering with other local businesses is by using local partnerships to experiment with variations. Small businesses often lack the resources to experiment with different product offerings or marketing strategies. However, by partnering with other local businesses, they can test out different variations without incurring too much risk. Third, small businesses can create complementary offerings through local partnerships. For example, a coffee shop can partner with a local bakery to offer customers a discount when they purchase both coffee and pastries. This principle can also apply to a number of other businesses. So, co-existing industry peers, like in real estate, such as a title company and a mortgage broker, or a residential sales broker and an interior decorator can do the same. By partnering with other businesses, small businesses can offer their customers a more complete package that meets all their needs. Finally, small businesses can give and receive customer referrals through local partnerships. By partnering with other businesses in the same industry, small businesses can tap into each other’s customer base and generate more leads. In addition, by giving referrals, small businesses can build trust and credibility with their partners, which can lead to more business opportunities in the future. Local partnerships are a great way for small businesses to improve their business. By optimizing customers’ experience, experimenting with variations, creating complementary offerings, and giving and receiving customer referrals, small businesses can make the best use of local partnerships to improve their business. What other benefits do local partnerships offer? Please take a few minutes to share your own thoughts and experiences so others get the most out of these relationships. Interested in learning more about business? Then just visit Waters Business Consulting Group.

How to Fire a Family Member You Hired to Work for Your Small Business

January 1, 2022 No Comments

How do you fire a family member you hired to work in your small business? It’s a very complicated and stressful situation. You hired your brother-in-law, your cousin, nephew, niece, sister-in-law, or even a sibling. And, you probably did so with a lot of enthusiasm. But, it’s been in one unmitigated disaster after another. He or she just isn’t up to the job. Now, it’s come to the point where it’s hurting your business and you can’t continue on any longer. Fortunately, there are ways to break the bad news. Read on to learn about some of the best ways to fire a family member from a small business. Training versus Termination If you have given him or her more direction and a little extra attention, that might have been insufficient. It could be that he or she needs a lot more in order to really be an asset. So, the first step to take is to try and fix what’s broken. Make a prioritized list of what isn’t working and address those things first. Then, mentor him or her according to that list, going one by one. Many entrepreneurs take pride in their ability to provide jobs for their family members, but it can turn sour quickly when the family member doesn’t perform well. Subsequently, firing a family member can cause a rift between the entrepreneur and relatives who are close to the fired family member. And the entrepreneur may feel guilty if the family member can’t readily find work. —The Business Journals If this isn’t really applicable to your circumstances, consider moving him or her into a different position. Sometimes, people seem like a really good fit for a particular role and simply can’t do the job up to expectations. This might not even be his or her fault, so turn it into an opportunity to reassign him or her to a position where he or she can thrive. If these two strategies will not work or fail to produce any results, you will have to face the unenviable task of terminating him or her. Most Effective Strategies for Letting a Family Member Go from a Family Business Sadly, not every situation will work out as envisioned or intended. Sometimes, it’s just the wrong person for the job and there’s no changing the fact that you cannot pound a square peg into a round hole. Here’s some advice about how to fire a family member from a small business: Be prepared to break the bad news in an appropriate way. Even if this person is driving you crazy, don’t let anger be the emotion that causes you to lose control. First off, you’ll probably say something you’ll regret, and moreover, you might come off so angry that he or she will think you were just incensed and letting off steam. Take some time to reflect on what has occurred and make notes if necessary. Choose the right time and place. The most tactful way to engage is away from the workplace but in private. If you do this at your place of business, there’s too much potential for things to go wrong and become an embarrassing situation in front of your employees. It’s best to have the discussion somewhere else than your business — like a neutral, public place — perhaps a restaurant or park. Be honest but empathetic. You need to be straightforward with him or her but don’t make a big speech. Instead, be brief and direct but empathetic at the same time. Then, give him or her a chance to talk and don’t interrupt. If necessary, repeat your points but don’t belabor them. Remain emphatic and stay courteous. It’s very likely that he or she will push back hard and that may cause you to recant. If you begin to feel guilty, that’s a normal emotion. Try to stay pragmatic and be emphatic yet courteous. Don’t let him or her guilt you into making another bad decision. What other advice would you give people facing the unpleasant prospect of having to fire a family member from a small business? Please 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.

Key Ways To Make Your Business More Transparent

April 17, 2018 No Comments

No matter what business you’re in, you want customers to have faith in your ability to meet their needs every time. That’s at the very core of being successful. The key to creating and fostering trust in customers often comes down to transparency. You want your customers to feel as though your business is an open book, and that they’ll always know what to expect from you. Transparency is something that’s both simple and complicated for businesses to achieve. It’s simple because it’s a matter of living up to the expectations customers have for your business. Yet it’s also complicated because it involves helping to set those expectations that customers have in the first place. Building a more transparent organization involves creating an internal culture that encourages honesty and transparency as well as building stronger relationships with customers. Transparency begins inside your organization, which means leadership must embrace the concept. You can’t expect your employees to embody transparency with your customers if there isn’t a strong culture to promote transparency internally. An effective way to create that culture of transparency is to encourage your employees to communicate with management as well as with one another. You can do this by establishing an open-door policy and giving employees a platform for expressing their thoughts during meetings. When you communicate with your employees, it can be extremely helpful to be clear with your messaging, avoiding corporate jargon and speaking plainly to your employees. Even if the news is bad, your employees likely will appreciate your honesty and internalize the spirit of transparency in their interactions with customers. Key Ways to Make Your Business More Transparent created by Track Your Truck.