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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Ways Small Business Owners Can Conquer Tax Season Stress

February 21, 2025 No Comments

Tax season can feel like a looming shadow for small business owners. Imagine pouring your heart and soul into your business, only to face the stress of tax returns.

Business Owners, Want to be Better Leaders? Then, Stop Apologizing and Use these Sentiments Instead

November 18, 2022 No Comments

If you’re anything like the average person, your parents probably instilled in you the courtesy to apologize. Saying you’re sorry is one of the most important keystones of polite society. So, it should definitely not come as a surprise that very politeness eventually turns into second nature compulsion. In fact, people use the phrase way too often and don’t really think about its effects. Now, in purely interpersonal situations, this is probably quite benign. But, when you’re running a business, this habit could cause a lot of unnecessary trouble. Apologizing isn’t Always Positive Of course, there have been academic studies confirming that apologizing too much tends to have adverse outcomes. It not only shows a willingness to capitulate, but it also underscores an underlying weakness. Furthermore, the same studies reveal that it can cause anger or resentment in others – two emotions you definitely want to avoid, if at all possible. After you hurt someone’s feelings or do something wrong, it turns out that saying sorry might not be the best solution. In fact, an apology might just add fuel to the fire, a recent study by researchers from Dartmouth College and the University of Texas has found. —Entrepreneur.com Apologizing too much doesn’t always result in dire circumstances. But, it may also easily create the impression that you’ll simply go along to get along no matter what. In other words, give the impression your preference is to avoid any and all confrontation, because it is too uncomfortable for you to handle. Obviously, none of these things are good for an entrepreneur, but this doesn’t mean you have to be stubborn, obtuse, or even mean. 3 Alternatives to Saying your Sorry When you apologize, you’re not only relating your own disposition, you’re sending signals to the other person or group of people. Fortunately, there are at least three handy phrases you can use in place of saying you’re sorry or apologizing outright: “I appreciate your patience.” Whether you’re late for an appointment or something is taking longer than it should have, save the apology and use this phrase instead. It has the same effect that you’re looking for but doesn’t put the blame solely on you and compliments the other person. “Thank you for working with me.” This is a great alternative when things aren’t going according to plan. In a sense, you’re still apologizing, but you are not doing so directly, and again you are giving the other person a nice compliment. “Here’s a slightly different perspective.” Rather than blurting out an apology for something you haven’t said yet, use this expression to bolster your credibility and get people to actually listen to what you have to say. This is a terrific way to join in on a conversation or to bring your point of view up. What other suggestions do you have for apology alternatives? Please, take a few moments 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 Manage Your Teleworking Staff

April 9, 2020 No Comments

Managing a staff remotely presents a number of challenges, some of which are completely unexpected. When a business first goes to a telecommuting or teleworking structure, it naturally undergoes some growing pains to adjust to the new dynamic. Although it is ostensibly more beneficial, cutting down on some expenses, and providing more convenience to staff who no longer have to commute, there are still some issues which can arise. So, it’s best to know what to expect. The Upsides of Telecommuting for Small Businesses There are a number of advantages to remote work situations. It gives team members more flexibility with their schedules. Also, it cuts down, if not nearly eliminates, office politics. Additionally, another benefit is that it can reduce operating costs, having to rely less on a dedicated, physical location. Particularly for small businesses, telecommuting seems an effective strategy for maximizing a workforce while still keeping costs low. You don’t need to pay for a centralized office space or deal with a drive to work, but you do have to contend with YouTube, Facebook and myriad other online distractions. —American Express But, it also means having to wrangle with coordination efforts, relying on different forms of communication, along with various other things to work out. With just a bit of tweaking here and there, it’s possible to make it work and even to reach a point where pretty much everything flows seamlessly. Ways to Manage Your Teleworking Staff Of course getting from Point A to Point B requires a combination of ingenuity, cooperation, and some out of the box thinking. To effectively manage a remote staff, you’ll need to do the following: Clarify roles. Each team member must clearly understand his or her role within the organization to eliminate duplication of effort, gaps in productivity, and more troublesome issues. Every person should have a defined, central role, as well as alternative responsibilities, just in case there is a need. Set expectations. In addition to defining everyone’s role, you’ll also need to clearly delineate your expectations. Otherwise, people won’t know exactly what you want out of them, and that’s a recipe for disaster. Develop procedures. It’s pretty straightforward to set up and explain and demonstrate procedures in a face-to-face environment, but presents quite a challenge with remote staff. This is where most of the initial communication will be necessary, in order to coordinate how things should be done. Set Regularly Scheduled Conference Calls. Regular communication is key with your staff in order to develop relationships and high trust cultures with accountability. Have a set time and day with a set agenda on key performance metrics and results, project updates, review current challenges and opportunities and collaborate openly so that there is a sense of community. Use a video conference application like ZOOM or GoToMeeting.com or other for more effective communication. Understand security issues. With remote work comes the risk of work-product being compromised. You need to learn about and address any potential issues by being proactive as possible. Reach out for help when needed. Lastly, if things just don’t seem to work, you should seek help with the right people. you might need to consult or hire a technical professional in order to get everything you need in order for the system to be fully functional. What other suggestions do you have? Please, share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.