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.

Like this article?

How to Make a More Productive Monday on Friday

May 16, 2017 No Comments

With another hectic week coming to a close and the excitement of the weekend just hours away, it’s no wonder why Fridays are less than practically productive. In some business environments, it’s the unofficial slack-off day, one comprised of mundane tasks, a bit of cleanup, and perhaps, some tying of loose ends. Plans for the weekend take away attention from the inbox, and minds wander. Fridays, by-and-large, are informal work days, and that’s a shame, because these could serve as launch pad for serious Monday productivity. How to Make a More Productive Monday on Friday Ironically, Mondays aren’t much better, as these are the days returning from the weekends dreamed about on Fridays. The first day of the work week is one that’s often dreaded, in-part because of what wasn’t done on Friday. Talk about a dichotomy, this one scores high on the list. What’s worse, is that your team members aren’t alone in this experience, because you too, are right alongside them, especially on Friday afternoon, after lunch. Monday mornings are the most critical time of the workweek — they set the stage for the day and week ahead. Most successful people are keenly aware of the typical Monday-morning workplace dynamic of unanticipated events, overflow of communications, and general chaos. —Business Insider Even with all your entrepreneurial drive, you too, are ready to enjoy the downtime the weekend delivers, and it’s important because it lets you let go, at least enough to refresh. This dynamic doesn’t have to bedevil your company, or more particularly, you. There are some things you can do to make a more productive Monday on Friday: Plan in advance for the following week. Monday is often treated with disdain precisely because of what it holds in-store. Ironically, it’s what wasn’t done on Friday that makes this a reality. Mondays don’t have to be a scramble to catch-up, they can be a productive day, if you prepare on Friday. So, prime your sales pipeline, get organized, and plan out the week. You’ll do yourself a huge favor, and you’ll avoid that nagging feeling that you forgot something. Identify one or more things to get done today. Instead of counting down the clock to the end of the day, look at the time available to use for a task or two that’s yet to be completed. When you tackle a project, even if it’s small, you’ll feel a sense of accomplishment, and not guilty about taking time for yourself over the weekend. Reach out to customers early in the day. Because Friday is a lackadaisical day in so many offices, you can use this phenomenon to your advantage. Reach out to customers you haven’t connected with in awhile, and double down by following-up with deals in-the-works. Leave a small reward to enjoy on Monday. One reason Mondays seem so bland is because they lack reward. Whatever it is that perks you up, and not just a cup of coffee, like a favorite snack, put it aside for next week. You can even set a reminder to make it all the more special. Begin the week with thoughtful recognition. There is probably at least one person who helped you out this week, perhaps two or three. Show your appreciation by picking something up for them over the weekend and surprising them on Monday. It will keep you eager to get back Monday morning, and will create a sense of appreciation and excitement to the recipient(s). Another thing you can do on Friday to make Monday more productive is to get that one pain point out of the way. It will make the weekend all the more enjoyable and sweet, plus, it won’t daunt you next week. I started doing this in the form of a game or competition. How many pain point, or high priority projects, phone calls or tasks could I accomplish before I leave on Friday? How many projects or priorities do I have on Monday that I could complete on Friday to make Monday an easy start? And it is working for me with higher productivity, growth and more free time. Make your Friday count so that Monday is a breeze! [shareaholic app=”follow_buttons” id=”26833294″]

What is a PEO Service and Does My Small Business Need One

November 22, 2023 No Comments

What is a PEO Service and Does My Small Business Need One? As a small business owner, you are constantly juggling a multitude of tasks, from managing finances and operations to overseeing marketing and sales. With so much on your plate, it can be difficult to keep up with all the administrative and HR responsibilities that come with running a business. And, this is where Professional Employer Organizations (PEOs) can step in and provide valuable support. What is a PEO? A PEO is a company that provides a comprehensive suite of human resource (HR) services to small and medium-sized businesses (SMBs). PEOs essentially act as an extension of your company’s HR department, handling tasks such as payroll, benefits administration, workers’ compensation, and employee relations. However, they don’t run your company. They don’t get involved in business decisions. Nor do they enter day-to-day operations – all of that remains your exclusive domain. How Does a PEO Work? So, when you partner with a PEO, you actually enter into a co-employment relationship. This means that the PEO becomes the legal employer of record for your employees, while you maintain control over day-to-day operations. The PEO usually assumes responsibility for all HR-related tasks, including: Payroll processing and tax administration Benefits administration and enrollment Workers’ compensation insurance and claims management HR compliance and regulatory guidance Employee training and development Recruitment and onboarding Performance management Employee relations and conflict resolution Benefits of Using a PEO There are numerous benefits to using a PEO, including: Reduced administrative workload. PEOs take on the burden of HR administration, freeing up your time to focus on core business activities. Access to expert HR resources. PEOs have a team of experienced HR professionals who can provide expert advice and guidance on a wide range of HR-related matters. Improved compliance. PEOs ensure that your business is compliant with all federal, state, and local employment laws. Reduced risk of HR-related lawsuits. PEOs have the expertise to handle HR issues effectively, reducing the risk of costly lawsuits. Access to better benefits. PEOs often have access to better benefits at more affordable rates than small businesses can obtain on their own. Streamlined onboarding and offboarding. PEOs can streamline the onboarding and offboarding process, making it easier to hire and terminate employees. Does My Small Business Need a PEO? Whether or not your small business needs a PEO depends on several factors, including your company’s size, growth plans, and HR needs. If your business has fewer than 50 employees and is experiencing rapid growth, a PEO can be a valuable asset. PEOs can also be beneficial for businesses that have complex HR needs or are facing HR challenges. Here are some questions to ask yourself to determine if a PEO is right for your business: Do you have the time and resources to manage HR tasks effectively? Are you confident in your ability to comply with all HR laws and regulations? Are you concerned about the risk of HR-related lawsuits? Would you like to access better benefits at more affordable rates? Do you want to streamline the onboarding and offboarding process? If you answered “yes” to any of these questions, then a PEO may just be a good fit for your business. How to Choose a PEO If you decide to use a PEO, it is important to choose a reputable and experienced provider. Here are some factors to consider when choosing a PEO: Experience. How long has the PEO been in business? Reputation. Does the PEO have a good reputation in the industry? Services. What services does the PEO offer? Costs. How much does the PEO charge for its services? References. Can the PEO provide references from other small businesses that they have worked with? Wrapping It All Up PEOs can be a valuable resource for small businesses that are looking to reduce their administrative workload, improve HR compliance, and access better benefits. If you are considering using a PEO, be sure to do your research and choose a reputable provider that can meet your specific needs. Now, do you want to grow your company in 2024 but you are not sure what is required to make that growth happen? Attend our “Planning for Growth” half-day workshop where you will get amazing details specific to your business for what’s needed from your marketing, your sales team, your production team, and your financial performance to enter 2024 with confidence you can indeed grow as planned. You will have the clarity you’ve always wanted but didn’t know how to create. This is a $1495 value we are offering in November for only $99. Contact us for dates and times. We offer a 100% money-back guarantee if you don’t leave the workshop confident that you know what to do to grow your company in 2024. So, go ahead and contact us by phone or email! By phone 602-435-5474 By email: SteveM@WatersBusinessConsulting.com Don’t wait! This is a great opportunity to propel your business forward!

Feel Overly Distracted? You’re Not Alone and Here’s Why

December 22, 2017 No Comments

You’re busy. No, you’re super busy. People might even say super-duper busy. As usual, there’s more to do than hours in the day. And, your schedule isn’t slowing down. You’ve got to do X before Y and then onto Z. But, you can’t seem to shake the notion you’re not actually get anything done. It’s not due to a lack of effort. However, it can easily be explained simply by distractions. Top Focus Problems People Suffer From Now, there are several things you can quit doing to be more successful. But, even the most self-disciplined individual isn’t immune from distractions. After all, distractions are everywhere you turn. No matter where you are or what you’re doing. And, it’s not just technology. Sure, smartphones, social media, and more are all culprits. What’s more, you’re not alone if you feel distracted. In fact, the average person’s mind wanders when doing a task between 15 and 20 percent of the time. That statistic, according to Canadian researcher Jonathan Schooler. We created the labor-saving devices that catalyzed the unplanned explosion within which we live today. But as enlightened managers everywhere are learning, we can learn to manage what we created. When we learn how to take back controls that we’ve given away, we can get better at managing our attention and not surrendering it to every distraction. —Fast Company Therefore, if a wandering mind is so prominent, what can be done about it? That’s a good question. And, the answer lies in identifying precisely the cause. You know you’re not a scobberlotcher, an idle person who just sits at a desk, twiddling your thumbs. But, you’re certainly not immune to distractions. Distractions break down focus. If you want to improve your productivity, you’ve got to key in on the cause. Here are the top focus problems people suffer from: Lack of sleep. We all know what it’s like to work through a drowsy day. It’s uncomfortable at the very least. So, don’t let sleep deprivation be an obstacle. Get into a routine that helps you to get a good night sleep. Unplug from technology about an hour before you go to bed. And, be sure to go to bed at a reasonable hour. No priorities. Okay, you have an end goal but along the way, there are many, many different tasks. Without prioritizing them, you’re creating a stressful, chaotic situation. And, it will typically result in a lack of focus precisely because there’s little to no prioritization. Give everything a priority and reap the rewards. Stress. Speaking of stress, when you try to multitask, you’re inviting undue stress. Think about it this way, if you’re trying to do more than one thing at a time, would that cause you to feel more stress? Sure it would. So, put your focus on one thing at a time. Lifestyle. Stress is just one factor; lifestyle is another legitimate cause. You can lose focus because you’re not eating a healthy diet. A balanced diet, regular exercise, and more all make focus easier. Plus, you’ll feel better when you have a healthy lifestyle. How do you maintain your focus? What methods do you use to keep on task? Have you found different ways to deal with distractions? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.