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.

Best Ways to Practice Self-Promotion

February 28, 2018 No Comments

Social media is a great way to promote your business. But, it alone certainly isn’t enough. You have to practice self-promotion and do it right to make it really pay off. Sure, you can effectively use social media to increase brand awareness. However, it does lack a personal touch. That’s why you need to get out and represent your company. The problem with this is, most people just don’t know where to start. Others make the mistake of over doing it. Still a few more tepidly practice self-promotion but only with great restraint because they don’t want to give off the wrong impression. Self-Promotion and Selfishness Make no mistake about it, self-promotion is paramount to growing your business. What you need to avoid is confusing it with being selfish. You see, self-promotion isn’t really about being selfish. (Unless you’re totally selling for your own benefit alone.) In other words, you shouldn’t feel guilty about promoting your brand because it has something of value to offer. That’s the whole purpose of being in business — to fulfill a need. Marketing is a lot like fishing—some companies cast a wide net to scoop up whatever they can get, while others use bait and wait it out until the right customer takes a nibble. To be successful, you need a combination of both techniques to not only grab a large number of new customers at once, but to also allow new business to continuously trickle in through referrals, word of mouth, and general curiosity. —Forbes.com So, don’t make the big mistake of thinking it’s all about you. Keep in mind that your customers get something valuable in return. And, both of you benefit from each transaction. This means that it’s a win-win scenario. You just have to see it for what it truly is and not fall prey to thinking it’s wrong to make a profit. Only when you don’t deliver on your promises is it unethical (and probably illegal). Best Ways to Practice Self-Promotion Now, let’s get to the most effective ways to practice self-promotion. You should know how to behave because your actions will definitely speak louder than words. Here are some helpful tips for how to practice self-promotion: Practice awareness. You can’t network in a vacuum. If you’re promoting your business, there is more than one person in the room. Keep this fact in mind. You need to read the other person or group and interact accordingly. If you fly blind, you’ll inevitably hit a wall. Always be gracious. Remember that polite manners go a long way. But just because someone gives you an opening to talk about your business doesn’t mean they are asking for a shameless sales pitch. Keep it short, succinct, and kind. Offer something interesting. Sometimes, it’s very tempting to rattle off numbers. Or, go into details. But remember it’s important that what you share is interesting. Otherwise, you’re not only boring the other person, you’re undermining your own efforts. Never be dishonest. Of course, you should always be honest about what you have done and can deliver. Don’t embellish or exaggerate because it will come back to bite you. Besides, if you mislead someone, the relationship begins with a lie. And, that’s never good for business. How do you promote your business? What self-promotion tactics work best for you? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Strategic Moves Small Business Owners can Make during Rising Inflation Periods

January 13, 2022 No Comments

Rising inflation is affecting both consumers and businesses alike. As the dollar’s purchasing power decreases, and prices for goods and services rise, a vicious cycle ensues. Small business owners are obviously not immune to this damaging dynamic. These small companies experience a decline in sales volume and their top lines fall. Fortunately, there are some strategies that small business owners can use to their advantage, even as inflation rises. While these moves won’t magically make all their problems disappear, they will help them to get through this trying time and even realize a greater profit in the future. Expect the Unexpected It is very easy for small business owners to get comfortable in their routines. So, when circumstances change, they generally are not prepared. The shock can lead to making rash decisions and as everyone knows, decisions made under duress don’t typically go very well. Because there is no way to tell how long this inflationary cycle will last, it’s best to adapt to the disruptive environment than to ignore it and hope to weather the storm. An increase in inflation has a number of effects on the economy. First and foremost, it erodes purchasing power as the cost of retail goods and services increase. It can also raise the cost of borrowing as interest rates increase due to increased risk. Inflation increases can also fuel further inflation, creating a feedback loop. —Yahoo Finance In other words, don’t just plan for the immediate short-term, think farther into the future and consider possible contingencies if this inflationary run persists past expectations. Since there’s no real way to know when it will end, it’s far more advantageous to be able to pivot and maneuver on short notice. Otherwise, you could get caught off guard and that could spell big trouble. Strategic Moves Small Business Owners can Make during Rising Inflation Periods The good news is that inflationary cycles don’t last forever, they are temporary. But in such situations, there will be challenges. So, you can use the following strategies to help your small business make it through inflationary times: Offer long-term contracts. During periods of uncertainty, people relish the comfort of stability. Suppliers, vendors, and clients are no exception. Offer them long-term contracts at agreeable terms and that will alleviate some anxiety. It will also help to give you more peace of mind in the short term and can also help to set your business up for future success. Invest in technology. Smart business owners take advantage of these circumstances by doubling down where it really counts. Technology gives businesses the power to increase productivity with fewer employees. Technology is a force multiplier. By expanding their technological assets, companies can not only meet but surpass client demands with fewer human resources. Refinance your debt. Interest rates remain at near historical lows at the moment. But, they are likely to go up through the year. So now is the time to lock in a lower rate and refinance your debt. Paying just a little less in regular installments will help to free up cash for use elsewhere. Resist shrinkflation, if possible. Consumers are very well aware that they are getting less and still paying the same amount or more. Big corporations use this sleight of hand and needless to say, the general public doesn’t like it. If you are able to deliver the same goods and services for the same prices as you normally would, continue to do so for as long as possible. This will most definitely help you stand out from the competition and your sales figures will reflect it. What other suggestions do you have for small businesses that are dealing with rising inflation? Please take a few moments to share your thoughts and experiences so others can benefit from your perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group.