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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5 Effective Methods for Coping with Fear and Anxiety Right Now

April 24, 2020 No Comments

Anxiety, stress, fear, and even anger. All these emotions result from a lack of control in a state of uncertainty. And, little else can describe the current state of events. It’s a time filled with unknowns and that’s not good for the human condition. After all, no one really relishes living in an environment of uncertainty. What Causes Fear and Anxiety This is precisely what triggers feelings of fear and anxiety — uncertainly. Having little to no idea of what to expect next or, being without any sense of control. It’s a combination of these two elements which cause anxiety, stress, fear, anger, and more negative emotions. For many people, the uncertainty surrounding coronavirus is the hardest thing to handle. We don’t know how exactly we’ll be impacted or how bad things might get. And that makes it all too easy to catastrophize and spiral out into overwhelming dread and panic. But there are many things you can do—even in the face of this unique crisis—to manage your anxiety and fears. —Help Guide International The good news is, even during the most uncertain and stressful times, you can do something to deal with such negative emotions. Better yet, once you begin to establish even a small sense of control, you’ll start to feel empowered and that by itself is a huge relief. 5 Ways to Cope with Fear and Anxiety To deal with anxiety and fear, you have to first accept your current set of circumstances. Fighting reality simply won’t work, because it can’t be changed. However, you can change how you respond to fear and anxiety by doing the following: Contextualize. Your first step toward conquering or at least coping with fear and anxiety is to contextualize. Here’s an example. Money is tight and bills are due. But, it’s only a temporary circumstance. It’s not an end-of-life situation. You will get through it and putting things in context is a big help. Take small steps. Next, you’ll need to take small steps in order to feel a sense of control. Sticking with the example above, you can reach out to vendors and ask what can be done. Just by communicating and better understanding the what’s actually going on will give you a sigh of relief. Limit news consumption. You’ve probably already heard this advice several times. So, take it to heart. Limit your exposure to news media, including social media, and other outlets. You only need to keep tabs on key developments but not bombard yourself with big doses. Revisit and revisit your goals. Now is a great time to revisit and revise your goals. This will help you to see and feel better about the future. And, it will also provide you with a sense of new possibilities, which is very empowering. Visualize and start to execute. It’s also a good time to visualize and execute. Although you may not be able to take things fully to fruition, you can at least start and that too, will help to give you a sense of control, accomplishment, and hope. What other suggestions do you have to combat feelings of anxiety and fear? Please comment and share your thoughts and experiences! Interested in learning more about business? Then just visit Waters Business Consulting Group.

How to Keep Employees Motivated During the Holidays

May 24, 2017 No Comments

With Christmas and the new year right around the corner, now is a time when productivity slips, attention spans shorten, and minds wander. It’s no surprise considering there’s so much going on outside the company: trip planning, shopping, decorating, and family gatherings. Inside, it’s supposed to be business as usual, but, the holiday season takes over. No one wants to be a Grinch during the holidays and it’s easy to let festive spirit slow things down. However, in the remaining days of the year, the pressure is on and it’s not always simple to stay the course. How to Keep Employees Motivated during the Holidays While some team members will be on vacation, others will still be showing up and this creates an unstable atmosphere. What’s more, you are not immune from the holiday fever and find it’s difficult enough just to keep yourself on-task. If you’re not careful, you’ll unconsciously let it be known and that’s tantamount to telling everyone to take it easy and slack off. While you certainly don’t want to portray yourself as Ebenezer Scrooge, you do need to set an example and temper your own excitement with good work ethic. Keeping your employees engaged in their work can be a challenge during the holiday season. Considering that the holiday season lasts roughly from the week of Thanksgiving until after New Year’s, managers who don’t find ways to keep their team motivated risk losing a lot of money during the fall and winter months. —Business News Daily.com Doing so won’t necessarily be simple and might even strike you as unnatural, but, if you want to be an effective leader, you’ve got to learn how to play different roles well. That’s what being an entrepreneur is really all about: being flexible and knowing when to take off one hat to put on another. For your employees, the holidays are not only exciting and distracting, it’s the end of the year and looking forward to next year takes their eyes off today. Here are some helpful tips on how to keep employees motivated during the holidays: Be flexible with schedules. The last thing you should do is create conflict and ill will during this time of year. Try to be as flexible as possible with schedules and don’t be afraid to ask for others to step-up when necessary. If you act with team effort, you’ll get a lot more cooperation and positive responses. Let the excitement in the office. There’s nothing wrong with allowing employees to decorate, exchange gifts, and fill the space with holiday music. It puts the spirit of the season to work for you instead of against you. Openly communicate expectations. No one likes the sneaky, sly boss who surprise employees with unpleasant things. You have goals to reach and tasks to get done, so don’t just bark out orders, communicate in a friendly manner and always open up the discussion to new ideas — you might be very surprised by what you hear. Actively engage and manage your team. While people don’t like to be micromanaged, they do appreciate being guided. You’re in a position of authority and this is a wonderful opportunity to sharpen your leadership skills, as well as demonstrate your ability to motivate. Take time to reflect on the year’s accomplishments. Remind people of this year’s accomplishment and be sure to give congratulations with enthusiasm. Speak about being vigilant and finishing the year strong for the good of everyone in your organization. In addition to these, you should also carve out some time for a party or even a dinner. Keep it simple and ask for ideas from your team about what they’d like to do and where to hold it. Give small gifts or even a Christmas card to your employees and let them know just how appreciative you are of their work and dedication. Want to find out about what a business coach can do for you? [shareaholic app=”follow_buttons” id=”26833294″]

How to Move Past a Bad Business Policy

May 16, 2017 No Comments

You identified a problem, took action, and enacted a new policy. Your people don’t like it (read: hate it), and, now you’re dealing with the fallout. It’s not an enviable position to be in, but nonetheless, here you are and now, you have to take action–again. The advice you’ve long heard about learning from your mistakes is now a reality, and, you are willing and able to accept it. The problem is how to move past a bad business policy and avoid repeating the same mistake in the future. Though you know this one backfired, you can’t be sure of how other policies you enact moving forward will impact your team and your business at-large. It’s okay to be retrospective and to attempt to peer around the corner, but for now, what you really need is to make things right. How to Move Past a Bad Business Policy The very fact that you are willing to recognize you made a mistake is a positive sign. However, you might still have a problem to deal with and you don’t want Murphy walking back into your organization, wielding his rule which states, “every solution breeds new problems.” You’ve already seen that unfold and it should have phased you enough to make a change. …we hate to fail. We fear it, we dread it, and when it does happen, we hold onto it. We give it power over our emotions, and sometimes we allow it to dictate our way forward (or backward). Some of us go to great lengths to avoid failure because of all the pain and shame associated with it. —Forbes It’s also good that you’re self-aware enough to accept the blame instead of digging in and defending what you’ve done, which will only insult your team members. So, how do you prevent this from happening again, but, still be able to enact policies that don’t end-up backfiring? Here are some helpful bits of advice you can use: Don’t be afraid to admit you made a mistake. This bears repeating, and, it does so big time. There’s little else more damaging than a leader who won’t admit he or she is wrong. It’s arrogant, harmful, and can cause good people to leave. In fact, the best thing to do is to have a sit down with your employees and others and talk about how you arrived at the decision, why it was wrong, and, how you plan to resolve the situation. Identify the problem and be proactive. Speaking of resolving the situation, you’re inevitably going to face problems again, so, before they have a chance to materialize, do what you can to thwart them. This won’t necessarily be easy, but your intuition will tell you when something is about to become a problem. Get ideas from your team about solutions. Your team members are among your most valuable assets. Don’t go it alone, speak openly with them and listen to their suggestions. You’ll likely find that doing so will present many ideas which can be molded together for a solution. Avoid new policies that create new problems. This is more difficult than you might think, but it’s still possible. Before you do enact a new policy, think about what it will do and how it will be received by your team. If you play it out and identify possible result scenarios, you can usually avoid making another bad policy. In my 34 years of business experience with ownership in 9 different businesses and consulting/coaching with hundreds of business owners, I have a long list of bad business policies that I have made. All of the policies well intended, but many times not fully thought through. My greatest lesson in making policies, is that hiring the right people with the right core values will minimize the policies that seem necessary to police and hold your team accountable. Those employees with the right core values will do what is right almost all of the time, thereby eliminating the need for many policies. [shareaholic app=”follow_buttons” id=”26833294″]