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?

Share on Facebook
Share on Twitter
Share on Linkdin
Share on Pinterest

Related Posts

The Biggest Pros and Cons of Strategic Partnerships

A strategic partnership can provide a number of advantages to just about any size business. In fact, it’s the reason that some multinational corporations team up together. Even though they have vast resources of their own, there are often specific tools, appeal to a certain base, experienced skill sets, and more which simply make it more advantageous to partner than do it on their own. Small businesses can likewise benefit from strategic partnerships much in the same way. However, just because there are some distinct advantages doesn’t mean these are always the best choice. Biggest Downsides of a Strategic Partnership There are drawbacks to entering into a strategic partnership. For instance, you must rely on this particular partner to carry out some responsibilities. How, when, and where should obviously be agreed on beforehand. But, this doesn’t necessarily mean it will all go according to plan. Then, there’s the matter of putting your reputation in the hands of another company. If you rely on your strategic partner to represent your business in any way publicly, you are obviously putting a great deal of trust and faith that they will execute accordingly and bolster your company’s name rather than tarnish it. One of the biggest mistakes business owners make is trying to do everything alone. To combat this error, business owners must hire and train the right employees. In addition, they should leverage strategic partners. So what is a strategic partner? A strategic partner is another business with whom you enter into an agreement that aims to help both of you achieve more success. —Forbes.com There is also the possibility that your strategic partner doesn’t truly possess the means and resources you think it does. In other words, you might have to put far more into the relationship than you get out of it. Of course, that would pretty much defeat the entire purpose of teaming up in the first place. Lastly, your strategic partner might be put in a position where they must decide between their own self-interest and their shared interest with your company — you likely know which they will ultimately choose. Biggest Advantages of a Strategic Partnership Of course, strategic partnerships aren’t always bad or no businesses would ever team up together. There are some compelling advantages to partnering with another company. Here are some of the biggest benefits of entering into a strategic partnership: More resources. The single biggest benefit is usually almost instant access to a greater amount of resources. By partnering with another business, you’re essentially expanding your own team and reaching more customers nearly immediately. More versatility. A strategic partnership can also bring with it various skill sets and experiences. Instead of having to seek out individual talent and spend time and effort to bring these things on board from within your own company, you already have an established organization to help your business grow. Different perspective. Perhaps one of the most valuable aspects of having a strategic partner is having another set of eyes and ears to examine situations. Rather than having to rely on just your own judgment, past experiences, and biases, you’ll have someone that has their own interest (and therefore yours too) at heart, which can be extremely beneficial in various sets of circumstances. What other pros and cons of strategic partnerships should be included? Please take a brief moment to leave a comment and share your thoughts and experiences so others can benefit from your strategies. Interested in learning more about business? Then just visit Waters Business Consulting Group.

Read More »

Imagine Selling Your Business…

How Would Your Life Change?

You didn’t start your business just to stay busy—you built it to create freedom, security, and options for yourself and your family. Selling your business can be life-changing, but the real question is whether you’re intentionally building toward that outcome or simply leaving it to chance.

Sign up below for a free consultative session to learn what your business could be worth today and in the future! 

Thank you for your interest in learning what your business is worth. We will be in touch shortly.