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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Here’s What You Need to Know About the ATT and Apple 5GE Sleight of Hand

February 14, 2019 No Comments

In case you haven’t yet heard, a new type of communication technology is on its way — 5G. It’s the fifth-generation cellular system, coming to replace 4G, the fourth-generation. And, it promises to deliver a whole new level of speed. Some experts forecasts speeds of 100x greater. In fact, it’s so fast, the wireless connections will easily rival hard-wired connectivity of the old system. So, it’s no wonder carriers and handheld device manufacturers are ready to get it out into the marketplace. Trouble is, it will take some time to roll out. But, that isn’t stopping two companies from getting-in on the action ahead of time. What Consumers Need to Know about the AT&T and Apple 5GE Marketing Campaign Recently, AT&T started to display “5GE” on select Android phones. Then, this week, Apple joined in, doing the same for some of its iOS devices. The problem is, “5GE” isn’t 5G tech. It stands for “5G Evolution.” This sleight of hand isn’t new. We want results, and we want them now. Your customers want the same thing and are willing to pay for it. A temptation could arise to promise them quick results when you know that’s not going to be the case. This kind of short-sighted thinking hurts your business in the long run. —Entrepreneur.com Companies have done this type of thing before. Of course, it’s misleading, to say the least. Customers might think they’re on a real 5G network, via a real 5G device. Although, the move hasn’t gone unnoticed. Rival T-Mobile posted a short video mocking AT&T, with a caption reading “didn’t realize it was this easy, brb updating.” Others have also joined in, rightly criticizing the move. 3 Real Costs of Deceptive Business Practices Now, the word will most definitely spread and people will catch-on to the ruse. So, it’s important to look at the impact of such misleading marketing and what it can really do. Here are the three biggest effects of deceptive marketing: Customers suffer. Needless to say, customers obviously suffer because such tactics instill a strong sense of distrust. If a business puts out misleading claims, when discovered, customers won’t trust it. What’s more, they’ll also become skeptical about other things. Businesses suffer. While the sleight of hand might payoff in the short-term, the long-term consequences can be quite severe. Word of mouth will spread and that could prove enough to bring about the demise of a business. Employees suffer, too. When a business tries to fool its customers, the employees will take the brunt of the blow-back. It’s not fair for employees to suffer undeserved consequences. What else would you add to the list? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

I can’t Afford to give My Employees Christmas Bonuses this Year, What can I Do Instead?

December 10, 2021 No Comments

This year, a good number of businesses will continue to face the very unenviable position of not being able to afford employees’ holiday bonuses. For a sizable percentage of companies, it became an inescapable reality last year, obviously, due to the large-scale shutdowns across the country and overseas. While many businesses have recovered and regained a sense of normalcy, a significant portion still struggle. This means having to make hard choices when it comes to expenses that are not part of the business’s day-to-day operations. Fortunately, there are some alternatives to giving employees cash. Turn a Negative Situation into a Positive One When the economy or an industry takes a downturn, most entrepreneurs will take a good hard look at their books to determine exactly where they stand. Some make the mistake of cutting back too deeply, becoming too lean to fully operate, and only prolonging a bad set of circumstances. However, others embrace it as an opportunity to eliminate redundancies, reduce extra expenses, and put their resources where they most matter. A holiday bonus is a traditional gift given to employees by employers each year as a big ‘thank you.’ Many managers and business owners want to give their hard-working employees a bonus at the end of the year. The unfortunate truth is that many cannot afford it in today’s economy. As a result, many companies have had to get creative by offering their employees something enticing that is not a cash bonus. —Optimum Employer Solutions The latter strategy is obviously more effective because it makes the company more efficient. This type of audit should be done regularly since it’s so very easy to become blissfully ignorant of what’s actually happening with the business’ finances. Company owners who enjoy a nice regular profit line are typically the ones blindsided most when things change and go in the wrong direction. Regardless, if you really can’t afford holiday bonuses this year, be honest and upfront with your team members. This way, they will understand the gravity of the situation and be grateful for whatever you decide on as a substitute. Employee Bonus Alternatives Before you panic, be sure to know the exact numbers. The situation might not be as dire as you think. Although, if it isn’t truly feasible to give your employees holiday bonuses this year, here are some great alternatives: Extra paid time off. What’s wonderful about this alternative is that employees will appreciate this just as much as bonuses. People like extra time off when they don’t have to forfeit anything and this will not cost the business anything directly out of pocket. Incremental pay raises. Another option is to schedule incremental pay raises for every quarter over the next year. If possible, start this in the immediate future and your employees will feel appreciated and valued. Better benefit packages. Yet another alternative to giving out bonuses is to give your employees better benefits which they can always use. Look into better health insurance, dental insurance, and other benefits What other employee bonus alternatives would you suggest? Please take a moment to share your thoughts and experiences so others can benefit from your input! Interested in learning more about business? Then just visit Waters Business Consulting Group.

How to Keep Your Sanity and Family Happy While Working from Home

May 26, 2020 No Comments

Work-from-home roles have greatly increased over the past couple of months. And, for those continuing in their WFH capacity, there’s a number of challenges to overcome (or get used to in one way or another). In other words, a few weeks of working remotely might give you a taste of what it’s like. But, if it turns into a long-term scenario, you’ll need to know how to fight off the creeping insanity it brings in your life. So, let’s take a look at how to preserve your head and keep your family happy, too. Biggest Work-from-Home Challenges Okay, if you’ve worked at home over the past few or several weeks, you’ve probably encountered one or more challenges. For instance, distractions are among the top. This is probably the most ubiquitous problem. However, a bit of discipline will go a long way. Then, there’s noise. Others inside the house can create a lot of noise. The easiest fix, asking for quiet and working in a space away from the hustle and bustle. Working from home comes with its own set of challenges. It’s important to have a quiet space where you can work, minimize distractions, set a routine, and focus on your goals for the day. Working from home with kids can add a new dynamic to your job. When our kids are on extended breaks from school and are sharing the same space, distractions can come more easily which can impact our productiveness. —Focus On the Family Inadequate equipment. This will present itself at some point. Here’s the way to beat it — be proactive and list what you need, then obtain those items before their absence becomes problematic. No boundaries is yet another challenge. Family members will interrupt — it’s inevitable. Instead of letting it happen, set a system in place to prevent interruptions. Effective Work-from-Home Success Strategies Now, we’ll get into some ways to keep your sanity — and to keep your family happy at the same time. It’s not rocket science, but these strategies will prove worthwhile. Here’s what you can do: Establish a routine. Now more than ever, it is key to establish a routine to keep your sanity, your focus and your productivity. Working from home can and will be a temptation to draw you into a relaxed sense of productivity as if it is the weekend. Take regular breaks. Run an errand or step outside to walk the dog. Stroll around the block once or twice or trek up and down the stairs. The idea is not to stagnate behind a desk or elsewhere. Just take brief breaks during the day. Don’t neglect household chores. If you’re working from home, you’ll probably want to avoid household chores. However, there’s win-win situations being missed. Throw in a load of laundry, put the dishes away. Mop, vacuum, or sweep the floor. When you do, you’re doing your family a favor (and yourself). Be careful not to let the household chores distract you from your focus on business responsibilities. Entertain your children regularly. Kids need to be active. And, you can take advantage of this to get outside yourself. Go to a park, play a game of catch, take a stroll around the block. Do fun things with them and you’ll both get something out of it by taking a break and spending quality time with your children. Embrace the power of work mobility. Now that things are beginning to normalize, it’s possible to get some work done at the local coffee shop. Or, sit out on the porch and make a few phone calls when it’s quiet. Do small household projects now and again. Don’t ignore those little things around the house that need fixing. Instead, work on small projects incrementally and reap the reward of pride and the benefit of having a better place to live. What other suggestions do you have? Please take a moment to share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.