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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My Best Employee Plans to Leave in the New Year, What can I Do?

December 16, 2021 No Comments

The Great Resignation continues to unfold. At least, that’s what’s it’s been dubbed in the press to describe the phenomenon of a mass departure, largely regarded as due to the global pandemic shutdowns which caused a huge number of workers to rethink their career paths. So, an unprecedented amount of employees are leaving their current (or previous) positions, seeking out other opportunities. Couple this with the impending New Year and it makes for a particularly precarious employment environment. That means it’s quite possible, you’ll find yourself facing the same situation. Fortunately, there are preventative steps you can take to keep your best employee on board. Biggest Mistakes to Avoid Obviously, this will stir a number of negative feelings. You’ll likely feel angry, betrayed, baffled, and perhaps sad. These negative emotions cause people to act out in rash, impulsive ways. So, be sure to keep your emotions in check, which is to say in perspective, proportionate to the reality of the situation. If necessary, take a few minutes to step away from everything and allow yourself time to relax and clear your mind. When your right-hand person or a rising rock star in your business tells you they’re about to leave, it can be an emotional experience, says Rich Reinecke, co-managing partner of business consulting firm Fahrenheit Advisors. ‘It can be very emotional, initially. Sometimes you’re angry. Sometimes you’re scared,’ he says. But what you do next can have serious repercussions for your business. —Fast Company.com If you don’t act in a rational manner, proportionate to the circumstances, you will come unglued and that’s not helpful to anyone. Instead, keep your composure and act in your own best interest so you don’t hurt your chances of keeping your best employee from leaving. After all, he or she made this decision based on a number of factors and there’s probably a good reason why he or she came to this conclusion. 3 Effective Employee Retention Strategies If your best employee tells you that he or she is leaving next year, you obviously don’t have much time to change his or her mind. However, that doesn’t mean their exit is inevitable. You might be able to get him or her to stay. Here are a few effective employee retention strategies you can use: Have a meaningful conversation. Although money usually plays a significant role, more compensation isn’t always the driving force. There are instances when employees make completely lateral moves from one company to another and pay isn’t a factor. Of course, you’ll probably assume he or she will be paid more, but don’t convince yourself that’s the only reason. Take some time to have a one-on-one conversation and listen carefully to what he or she has to say. You might just find out there are other reasons for their decision to go and you can address those issues one by one. Show your sincere appreciation. Perhaps your right hand is choosing to leave because they feel they have hit a ceiling and are stuck. This is a very common rationalization people use in order to convince themselves to leave their current positions. After you’ve spoken with him or her, be sure to take immediate action to show your appreciation. This can include but isn’t limited to: giving them more say about what’s going on, promoting the individual, or offering a few more persuasive perks. Increase his or her financial incentive. obviously, money talks. And, if the main reason he or she is considering leaving, simply offer to match their new compensation package. If this strategy isn’t feasible right now, you can always do things like extra paid time off, or incremental, scheduled pay raises, or even offering more benefits. What other methods would you suggest using to keep a key employee from leaving? Please share your thoughts and experiences so others can benefit from your unique perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group.

It’s Said Style without Substance is Bad, But Is the Opposite Actually Better or Even Worse?

August 8, 2024 No Comments

It’s Said Style without Substance is Bad, But Is the Opposite Actually Better or Even Worse? We’ve all heard “beware of style over substance.” It’s a common expression that means a person may appear to have all the answers but in reality, there is very little or nothing behind his or her facade. Likewise, it also describes someone who puts greater value on appearance than depth of knowledge or skill. In either case, it fools others into thinking an individual possesses something special when in fact, they aren’t extraordinary after all. This distinction is particularly important when it comes to choosing a business partner, a vendor, or even a client. So, entrepreneurs need to be aware and alert of the telltale signs and more critically, what the downsides of each personality are. Sure, it seems obvious that all style and no substance is bad. However, it’s equally vital to understand that the opposite can be harmful, too. The Dangers of Style Over Substance A person who is all style and no substance may have all the necessary skills. But when the moment of truth arrives, he or she is lost. However, that’s a broad generalization of a greater specific. So, let’s take a look at some of the particular reasons why a businessperson with all style and no substance can be problematic: Lack of follow-through. They might make grand promises or claims but fail to deliver on them due to a lack of underlying strategy or execution skills. Superficial relationships. They may prioritize networking and appearances over building genuine connections, leading to fleeting and ultimately unproductive partnerships. Misalignment with company values. A style-over-substance leader may struggle to foster a culture of substance and results if a business’s success depends on innovation or problem-solving. Short-term thinking. They might focus on quick wins and flashy projects rather than building a sustainable and long-term strategy for the business. Potential for ethical lapses. Without a strong foundation of integrity and competence, such individuals might resort to unethical tactics to maintain appearances. It’s important to note that style and charisma can be valuable assets in business. However, without substance to back them up, they can be detrimental to long-term success. Downsides of a Substantively-Focused Business Partner with No Personality or Style Now, we’ll get into the opposite scenario. Although people are familiar with the shortcomings of style over substance, what are the downsides of an individual who has very little or no charisma? While substance is undoubtedly crucial in business, a complete lack of personality or style can also present big challenges, such as the following: Limited networking and relationship building. Someone with little personality might need to work on building rapport with clients, partners, or employees. Effective business relationships often involve personal connection. Lack of creativity and innovation. A purely analytical approach can sometimes hinder creative problem-solving and out-of-the-box thinking. Difficulty adapting to change. A rigid, no-nonsense approach might make it challenging to adapt to changing market conditions or unexpected challenges. Poor communication. A lack of personality can sometimes manifest in poor communication skills, leading to misunderstandings and inefficiencies. Uninspiring leadership. If the person takes on a leadership role, their lack of charisma could demotivate employees and hinder team morale. Limited market appeal. In customer-facing roles or industries focused on branding, a personality-devoid individual might struggle to connect with the target audience. Again, it’s important to note that a balance between substance and style is often ideal. A strong foundation of knowledge and skills combined with effective communication and interpersonal abilities can create a highly successful business partnership. Want to Accomplish More? Do you want your company to grow faster and earn more while you spend more time with your family doing all the things you started your business to do? We can make that dream a reality. Give us 30 minutes and we will show you how to get your life back. Skeptical? Good! Put us to the test. You can call us for your free appointment at (602) 541-1760, or, if you prefer,

New to Hiring, Here’s How to Spot Resume Red Flags

April 8, 2021 No Comments

It’s often said the first hire is the hardest, and that’s inescapably true for several reasons. Foremost, it’s because when you hire an employee, you’re hiring someone to represent your business. Which is to say, you’re entrusting them with your company’s entire reputation. Then, there’s the matter of consistency, even if that person has the competence. In other words, being able to do the job well over and over again. But, that’s not all, your first hire must be cost effective, helping your business to earn more than it did before. So, it’s no wonder business owners procrastinate as long as they can, putting off their first hire. What Resumes Are (and Aren’t) Of course, there’s the conundrum of where to begin and finding a good fit. This is where the resume comes into play, although you may not be very familiar with qualifying a person’s capabilities from a sheet or couple of sheets of paper. On average, hiring professionals spend just 7 seconds looking over each resume. That’s not a lot of time, and especially seems short if you’re doing it for the first time. Do you know who you are hiring? You need to review each resume, cover letter and job application that you receive with care. You want to ensure that the candidates you consider hiring are who they say they are and that their credentials are valid and match your needs. —The Balance Careers The good news is, you can get a lot out of just about any resume, if you know what to look for. Obviously, you have to start with an understanding of what a resume is and what it isn’t. A resume is simply a summary of a person’s qualifications and their competencies, along with their work history. That’s about it, what a resume isn’t, is a tell-all that will reveal all a person’s strengths and weaknesses. How to Spot Resume Red Flags The simple fact of the matter is that a resume only provides the information the applicant furnishes. Meaning, it will only tell you what the applicant wants you to know. However, this doesn’t mean it can’t give you some very key clues that you can use to your advantage. Here are the biggest red flags resumes can reveal: Inexplicable or unexplained gaps. A resume with big gaps, particularly between positions, is one that tells you a whole lot. Someone who has large gaps between jobs is likely an applicant you’d probably be better off without. Rock star qualifications. Conversely, if an applicant’s resume is packed with too much good news, it’s probably too good to be true. A resume with a cornucopia of qualifications is likely full of exaggerations, embellishments, half-truths, and more misleading information. tOO mAny TyPoes. Poor spelling, bad grammar, sloppy punctuation spell b-a-d n-e-w-s. If someone doesn’t pay close attention to the way they present his or her self on paper, he or she isn’t really interested impressing potential employers. Of course, these aren’t the only red flags you might find on a resume. Applicants who send their resumes from current employers’ email systems are telegraphing they’re not respectful of others’ time and resources. Unusual employment histories are also a red flag. People who hop from one industry to another do so for reasons that should concern you. What other red flags do you look for on resumes? Please take a quick moment to share your experiences and thoughts. After all, your perspective just might help someone else out! Interested in learning more about business? Then just visit Waters Business Consulting Group.