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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Telltale Signs Your Employees Really Don’t Like You

December 15, 2017 No Comments

Whether you’re a business owner, manager, or supervisor, you’re always at risk from becoming a pseudo-pariah. Different personalities can clash and even those which normally get along can become strained. Of course, no matter what types of business you’re in, you need a well-organized team. But, just because you have assembled the talent doesn’t mean you’re getting the best performance. Because when employees don’t like you, they’ll adeptly conceal their feelings. Best Qualities of a Likeable Boss The fact of the matter is, employees (and customers alike) are fond of certain qualities. For instance, they like people who are well-organized, respectful, and willing to lend a helping hand. They like people who are honest even when it’s not popular and people who are fair. Besides all your accomplishments as a business person, are you sure that you are a great boss? This is because leadership skills play a pivotal role in climbing the success ladder. Unfortunately, poor leadership is one of the most common reasons behind businesses falling back with their entrepreneurs earning the tag of bad bosses. Being a good boss comes with plethora of leadership challenges that every entrepreneur has to go through. —Pocket HCM Likewise, they also treasure integrity, guidance, and humility. What’s more, people love someone who listens and takes genuine interest. Trouble is, you might have many of these qualities but still don’t make a strong connection with your team members. If this is the case, chances are excellent there’s something you’re missing. Telltale Signs Your Employees Really Don’t Like You Some business owners, managers, and supervisors believe that ruling with an iron fist is just necessary evil. Others try to strike a balance, being tough but fair. Whatever the case, if you have a notion that your employees don’t really like you, it’s time to look for the following signs: High turnover rate. This is perhaps the biggest telltale signal. If your organization is riddled with high turnover, you might be the culprit. Solicit feedback from as many team members as possible to learn if you are part or at the center of the problem. Little to no volunteering. Content employees are eager to volunteer because they enjoy working in the environment, with their coworkers, and boss, as well. A lack of volunteering might stem from the way you run the business. Or, at least, because it’s an uncomfortable environment. Practically no small talk. If your employees are short on small talk with you, there’s definitely a reason why. Happy employees are happy to chew the fat with their boss. At least, when they believe there’s a good relationship. Simply put, a lack of small talk speaks volumes. Body language speaks volumes. Speaking of speaking volumes, pay close attention to body language. Eye rolls, crossed arms, fidgeting, no eye contact, no or fake smiling, and more are all telltale signs they’re failing to get their mind and body to agree. What other signs would you add to this list? How can business owners get honest feedback from their team? Please share your thoughts and experiences by leaving a comment! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Don’t Get Bulldozed: How to Thrive, Not Just Survive, During Storefront Construction

August 21, 2025 No Comments

You’ve been running a retail shop in a hot location for years now. Out of nowhere, you get news from the local government that construction will be done right outside your door.

I Want to Create a New Position for My Small Business – So How Do I Go about It?

August 25, 2022 No Comments

Entrepreneurs wear many, many hats. It is not at all unusual for a small business owner to perform several different roles. But, this Jack of all trades, master of none can’t go on in perpetuity. The longer it lasts, the less chance there is that the business can scale up. In order to grow a company, it’s necessary to have help and many business owners reach a point where it is unavoidable. So, they make a few hires but still continue to perform various functions until they realize that a new position will free them up to pursue their main goals. Hiring should Equal Growth It’s very common for small business owners to be nervous about their first hires. However, they eventually get past this and the team settles into a comfortable routine. This can easily result in a false sense of security and it’s not at all unusual for the owner to slip right back into or continue bad habits. If a heavy workload causes your employees to feel overwhelmed and frustrated, it may be time to add new positions to your department. Hiring an additional staff member or two can help you split tasks between employees more equitably and give employees the time they need to devote to their work. —Houston Chronicle Sure, someone has to perform those functions and the owner typically feels it is his or her responsibility. But, there comes a time when it’s clear that handing off at least some of those tasks to someone else would be very beneficial. What generally holds a business owner back is not having a clearly defined position, as they did with previous hires. Fortunately, there are some steps you can take to create a new employee position. How to Create a New Employee Position for a Small Business When it becomes obvious that you’re taking on too much, be it administrative tasks or something else, it’s time to seriously consider hiring someone to do that work for you. Here are some steps you can take in order to create a new employee position: Estimate its ROI. Before you start posting job openings, take some time to work out the most likely return on investment. Ask yourself if one or more of your current employees can assume these responsibilities. If not, then it is more likely you need to create a brand new position. Just work out a realistic scenario on how much this will add to expenses and what size return of investment you’ll get for this potential hire. Determine if it’s part or full time. Next, you’ll need to determine whether this is a part-time or full-time position. Go over your schedule and create a ballpark figure of how much time you spend on these tasks. This will give you a pretty good idea of the number of hours you’ll give over to a new employee. Plus, it will tell you how much time you gain back doing more important things. Compile a list of applicable skills. Last but certainly not least, you’ll need to create a list of applicable skills that a new employee would need to possess. This will also tell you if these responsibilities are truly interrelated or if they are a mixed bag. What’s more, it will point you in a more specific direction and help you to hone in on the right personality. What other suggestions do you have for an entrepreneur who is considering creating a new team member role? Please share your experiences and thoughts so others can benefit from your input! Interested in learning more about business? Then just visit Waters Business Consulting Group.