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?

Top Ways to Deal with Critics

August 9, 2017 No Comments

There’s simply no way to run a business without dealing with critics. As an entrepreneur, you’ll face doubt in many forms. You’ll face inner doubt, ruminate over which next step to take, receive less-than-positive feedback, and plenty more. What’s more, you’ll have to do so much more, like find ways to keep company secrets safe and navigate through industry changes. Running a business isn’t for the faint of heart and when critics chime-in, that’s precisely where it will hurt most. Top Ways to Deal with Critics Let’s face it, there is no shortage of bad news to discourage you. For instance, if you dream of opening a retail shop, no doubt the latest news out of that sector is troubling. But, it’s commonplace for unpleasant experiences to unfold. This certainly isn’t to say it’s all bad all the time. In fact, that’s part of the problem. When things are going good most of the time, criticism is the biggest wet blanket. Doubters rain on your parade and you scramble for cover. Criticism is part of life, but often times being criticized can make us feel like we aren’t good enough, like we’ve done something wrong, or even cause us to be uncertain about our future. People often take criticism as a personal attack, but in reality, criticism can often be positive. —Fast Company While it’s normal to experience periods of struggle, eventually, you’ll fight through and start to win. Any setback serves as a valuable lesson going forward. And, over time, you’ll enjoy long periods of success without much or any trouble. Then, seemingly out of nowhere, the critics will appear. That’s when you need to be prepared. Otherwise, you’ll become too distracted and won’t have the energy to fully function. So, here are some of the top ways to deal with critics: Teach them, no matter your feelings. Okay, so you don’t particularly like the person who is criticizing you (or your business). And, it’s natural to take it personally because it is your business. But, don’t let this become a missed opportunity. Instead, redirect your feelings and teach him or her. You’ll probably enjoy some accomplishment while turning a critic into a fan. Tell them the truth and do not be fake. You’ll receive at least a little criticism because of your success since it breeds jealousy. That jealousy will manifest into criticism and possibly into anger, even hate. If this does happen, don’t make the mistake of defending your success. Instead, talk about your failures to allow them to relate. Accept that doubters will always be there. Keep in mind that doubt is not the same as an insult (though you just might feel insulted). Rather, doubt is a disbelief in something unfamiliar. And, it isn’t personal, just a way of expressing uncertainty. So, find out what’s doubted and use it to teach. Trial and error isn’t perfect and that’s okay. Sometimes, a new idea can come off as foolish, gimmicky, or silly. But, trial and error are part of business. You need to experiment to know what does and does not work. If you receive criticism, accept it and just move on. Know when it’s time to give a sincere apology. If the criticism is legitimate, you might need to apologize. Know when it’s the right time to say you’re sorry and be sincere when you do. You’ll learn from the experience and move past the criticism, which are good things. How do you deal with critics? What strategies do you use to cope with doubters and doubt? What are your most useful experiences with critics? Please share your thoughts and experiences by leaving a comment. Interested in learning more about business? Then just visit Waters Business Consulting Group. [shareaholic app=”follow_buttons” id=”26833294″]

How to Handle an Employee Demotion Without Creating New Problems

January 12, 2024 No Comments

How to Handle an Employee Demotion Without Creating New Problems Unpleasant situations can arise just about any time within the dynamic landscape of workforce management. For instance, when an employee demotion becomes a necessary course of action. While challenging, handling such transitions with tact and sensitivity is crucial to maintaining a positive workplace culture and ensuring the continued growth of both the employee and the organization. So, we’ll take a look at a few key strategies to navigate employee demotions effectively, mitigate potential issues, and foster a path toward professional development. Understanding the Situation When an employee faces a demotion, it can be a challenging experience for both the individual and the team. Managers must approach the situation with empathy and clear communication. Understanding the reasons behind the demotion and the impact it will have on the employee’s responsibilities is the first step in handling the situation effectively. Communicating Transparently Transparent communication is key when addressing an employee demotion. Managers should clearly explain the reasons for the decision, focusing on specific performance issues or changes in business needs. By providing a detailed understanding of the situation, managers can help the employee see the demotion as a constructive step towards improvement. Supporting the Employee Following the demotion, managers need to offer support to the employee. This may involve providing additional training or resources to help them improve in their new role. By demonstrating a commitment to the employee’s success, managers can help mitigate any negative feelings and foster a positive environment. Maintaining Professionalism Throughout the demotion process, both managers and the employee need to maintain professionalism. Encouraging open dialogue and a respectful attitude can help prevent any new problems from arising. Managers can guide the employee toward a successful transition by focusing on clear expectations and constructive feedback. Fostering a Positive Work Environment After a demotion, it’s crucial to foster a positive work environment where all team members feel supported and valued. Managers should strive to maintain a sense of camaraderie and collaboration, emphasizing the importance of teamwork and shared goals. By fostering a positive work culture, managers can help prevent potential conflicts or disruptions. Managing the Impact on Team Dynamics A demotion can affect team dynamics and morale. Managers must address any concerns or conflicts that may arise within the team as a result of the demotion. Open discussions and team-building activities help bridge any gaps and restore harmony within the team. 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 602-435-5474, or, if you prefer, send us an email. You can also visit us at Waters Business Consulting Group to learn more about us and the services we offer.

How to Avoid Decision Fatigue; Wait, Avoid What?

November 14, 2018 No Comments

Decision fatigue. It’s a phenomenon which probably affects you. Yet, you’re not truly aware of it. Put another way, you’ve likely felt its impact, but just didn’t know what to make of it. Or, more particularly, what to call it. That’s okay. It’s something many people experience a few times. Others are hit with it a lot — a whole lot. Usually, these are individuals in positions of authority. You know, the “decision makers.” Although we joke about it, the truth of the matter is, making decisions gets harder and harder as the day goes on. So, let’s look at some ways to avoid decision fatigue. Is Decision Fatigue Actually Real? The short answer to the question above is a resounding, “Yes!” Decision fatigue is real. In fact, two university researchers examined more than 1,000 decisions made by judges in Israel. Said judges either decided to grant or to deny parole. Prisoners who appeared in the morning, about 9 am, fared quite well. Those offenders had a 70 percent chance of making parole. Decision fatigue can seem harmless enough. Spending a few extra minutes deciding between chicken or beef isn’t the end of the world. But what you may not realize is that those little moments of turmoil could be negatively impacting your business. If left unchecked, decision fatigue can lead to reckless behavior like compulsive spending or, worse, the inability to make any decisions at all. —CNBC.com But, by the time mid-afternoon rolled around, those chances dropped down to just 10 percent. The conclusion, of course, was the judges simply used-up their stamina and therefore, took the simplest and safest way out. Ways to Avoid Decision Fatigue Now, if you’ve ever felt “used-up” at the end of the day, like your brain can’t process any more, decision fatigue is a likely culprit. Here are a few suggestions for how to avoid decision fatigue to better your work performance: Start tomorrow today. At the end of every day, start getting things in order for the next morning. Don’t make big decisions. Just get organized so you’re ready to go when you come back tomorrow. While this might seem too simple, it will have a big impact. Make important decisions early. When you start your day, don’t “ease” into it. Instead, challenge yourself by making the most important decisions when you’re most fresh and have new energy. You’ll see things more clearly and have a better sense of which way to go. Stop second-guessing yourself. In the military, some class instructors tell their students to bite the erasers off of their pencils right before starting a test. It’s not literal — it’s a figure of speech. It means your first intuition is typically the right one; so, don’t second-guess yourself. Snack and exercise every day. It’s a very good practice to have a solid but sensible breakfast in the morning. A light lunch is also a sound practice. But, you might feel a bit worn by mid-afternoon. The cure? Exercise and have a small snack to re-energize. What other ways do you combat decision fatigue? Please share your experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.