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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7 Steps to Start a Business from Zero

May 5, 2017 No Comments

Companies, no matter their size, don’t start on their own. Someone, somewhere, someway, started something that eventually became a profitable entity. We’ve heard all the terms, like crowd funding, venture capital, angel investment, and the list goes on and on. While all these do exist, the majority of businesses are started with very little to no money. The reason people succeed isn’t because of their cash position but because those entrepreneurs had zeal, a vision, and a passion. In fact, no amount of money guarantees success, even if a business is well-funded from its inception and follows a smart plan in a strategic way, it can still fail. The Edsel is a perfect example. Produced by one of the most successful corporations in the world, the Ford Motor Company, the Edsel rolled off the assembly line from 1958 to 1960. It was, in its day, by far, one of the most advanced private passenger vehicles. It featured such technology as the Teletouch system and had many other creature comforts, as well as plenty of functionality. However, the line failed to the tune of $350 million, an astounding $2.8 billion in today’s dollars. Follow these 7 Steps to Start a Business with Little to No Money Failure is a terrific teacher, if you are willing to learn from it. A good lesson to learn and accept early on in starting a business is that money, as the Edsel clearly demonstrates, doesn’t equal success. Incremental growth, accompanied by patience, tempered with realism, does wonders because such a combination requires focus. When you set aside the distant future, you necessarily put the present at the forefront. …now is the time to have a heart-to-heart with reality. Reality of what? Well, start with yourself. Your experiences, gifts, passion, life goals and areas of weakness. Seriously. Knowing thyself is the first place to start on your trek toward your vision. —Forbes In other words, you’ve got to use what you have now, and turn your natural talents into marketable products and services, which is the very essence of business. Richard Branson, who has dyslexia, started his entrepreneurial career breeding budgerigars at age 11 and it didn’t work. Neither did his plan to sell Christmas trees. Next, with practically no money, the future billionaire started Student Magazine, which morphed into Virgin Records. He, like many mega-successful entrepreneurs, started with little to no money, and you can do this too, by doing a few simple things: Do your homework about the market and competition. The reason so many businesses fail is due to misunderstanding the market and not having a clear conception about the competition. Don’t worry if it seems as though the market is flooded, because you can carve-out a niche. Take small, incremental steps and don’t dive-in. A card table, a favorite spot on the couch, a workbench, or a kitchen are all acceptable places to start a business. When you first begin, do it part time and don’t rack-up expenses. If you commit too much time and/or too much money, you’ll put a lot of undue pressure on yourself and make bad decisions. Try to build out a niche. This bit of advice really bears repeating. If you find a smart way to separate yourself from the competition, you can build a stronger, more attractive business. Set small, tangible money and benchmark goals. When you set high goals, you need to do a lot more to reach them and that often leads to failure. When you set small goals, you’re more likely to accomplish them and that makes for a ton of motivation and satisfaction. Build a responsive, easy to navigate website. You need a presence on the internet, which you probably know. There are very inexpensive and easy to use platforms that will be more than sufficient to get you started. Get out and network but don’t sell. Your website, though a necessary tool, isn’t going to be a salesperson; but you can be, if you network to become a known quantity and not to sell. Finally, give yourself permission to make mistakes and don’t make the huge mistake of waiting for perfection to launch your business. [shareaholic app=”follow_buttons” id=”26833294″]

Steps to Starting a Successful Side Business

May 16, 2017 No Comments

There’s nothing wrong with supplementing your income, or, to start on a journey to pursue a dream. A side business is an avenue for both, but, like most full-time employees, you’re wondering just how to get started. It might surprise you, but it’s not just about the logistics. While the nuts-and-bolts are certainly vital, you’ll also have to deal with other things. In other words, it’s not just about carving out the time, being able to deliver on your promises, but also, finding personal fulfillment. Too many people start side businesses, burn the candle from both ends, and wind-up burning out. What you do need to understand is that, especially early on, the right mindset is key to future success. You’ll probably start out on fire, ready to tackle whatever comes your way. Inevitably, there will be problems, whether big obstacles or temporary setbacks. If you keep in a positive frame of mind and learn from mistakes, you’ll go much further. You’ll also need a workable game plan that rewards each achievement step you reach. Steps to Starting a Successful Side Business First, you must consider a few things, such as: is this a needed service or product? Can I deliver on a tight schedule? What competition will I face? Is there room for scaling-up? Of course, the biggest question will be can the time invested turn a profit and if not immediately, when will it realistically do so? People’s initial motivation is often money – they want to save more, pay off debt or simply afford a better lifestyle for themselves and their families. But then, it often morphs into something deeper, as people realize that their side businesses allow for a creative expression and satisfaction that can be hard to find in their full-time jobs. —Entrepreneur.com Next, understand and accept that you’ll have two demanding jobs. That’s going to bring some stress, it’s just unavoidable, and, it will also zap your energy. The trick is to set your sights on your goals and be convinced they are within reach, it’s okay if it takes time to realize. Don’t make the mistake of rushing because you’ll likely sabotage yourself and be willing to give it a solid test run, knowing that it might not work out. If you’re willing to make the commitment, get past the planning and taking action, you can make it work. Getting down to the nitty-gritty, the following steps are what you’ll need to do in order to start a successful side business: Reframe your way of thinking. Don’t let your day job be an obstacle, instead, think about all the positive things it provides. First, it does put a constraint on you, but that’s a good thing because it spurs creativity. In addition, look at your full time position as a funding source and a place to sharpen your skills. Determine workable, key actions. You’ll need a written list of workable, key actions — things that will move your idea forward, but don’t just keep ruminating. Every step should move you in the right direction with purpose. Restructure your schedule. This probably sounds too obvious, but too many people who try to start a side business, fall prey into thinking their schedules are already set. Dedicate routine times to work your side gig and be willing to make adjustments as necessary. Network whenever you can. If circumstances allow it, you can network at your full-time position, letting co-workers know what you’re offering. If not, there are plenty of other venues: your child’s school, your church, your gym, places you volunteer and visit often. Entrepreneurs are one of America’s greatest assets! Whether you are starting a business part time or full time, now it’s your turn to be an All American Entrepreneur while achieving your goals and growing our economy one great business idea at a time! [shareaholic app=”follow_buttons” id=”26833294″]

What Small Business Owners Need to Know about Instituting Employee PTO

September 1, 2023 No Comments

Providing Paid Time Off (PTO) is a critical component of a comprehensive employee benefits package. For small business owners, understanding the nuances of PTO can be crucial for both employee satisfaction and business success. In the following article, we will explore the pros and cons of offering PTO to your team members, helping you make informed decisions that balance employee well-being and operational efficiency. The Pros and Cons of Small Businesses Offering Paid Time Off As you already know, Paid Time Off (PTO) is a benefit that allows employees to take time away from work without losing pay. It can be used for vacation, sick leave, or other personal reasons. While there is no federal law requiring small businesses to offer PTO, many states do have their own laws. For example, California requires employers to provide at least 10 days of paid vacation per year after an employee has been with the company for one year. So, be sure to look into the specific laws in your area in order to be legally compliant. Pros of Offering PTO When small business owners first consider instituting a Paid Time Off program, they of course think about the cost. But entrepreneurs should also equally consider the enjoyment current employees will experience, and the appeal it will have for future hires. Such a benefit has other positives, too, including the following: Employee well-being. Offering PTO demonstrates your commitment to your employees’ work-life balance and overall well-being. PTO also helps reduce stress levels for employees. When employees are able to take time away from work to relax and recharge, they are better able to cope with the demands of their jobs. Enhanced morale. PTO boosts employee morale and job satisfaction, leading to higher levels of motivation and productivity. When employees feel like they are valued and have the opportunity to take time off, they are more likely to be happy and engaged in their work. Attracting talent. A robust PTO policy can attract top talent, showcasing your business as one that values its employees’ time and efforts. In fact, a survey by Glassdoor found that 72% of employees would be more likely to accept a job offer if it included PTO. Reduced burnout. Regular breaks contribute to reduced burnout, increasing employee engagement and long-term retention. This in turn, also reduces employee turnover, which is yet another huge benefit, especially in terms of continuity. Flexibility. PTO provides employees with flexibility to address personal matters, reducing stress and absenteeism. It also provides them with a sense of freedom and less apprehension about having to ask for time off that is not compensated. Plus, Paid Time Off will help to boost creativity and innovation. When employees are able to take time away from their work, they can come back with fresh ideas and perspectives. Cons of Offering PTO Okay, there’s just no getting around the fact that with any change, even an ostensibly positive one, it will come with at least a few downsides. With this in mind, here are the most common disadvantages small businesses experience when introducing such an employee benefit: Operational impact. PTO can disrupt daily operations, especially if multiple employees are on leave simultaneously. That means it’s best to coordinate ahead of time in order to avoid such inconveniences. Financial considerations. Paid time off requires budgeting for wages during employee absences, potentially affecting cash flow. Be sure to have this worked out before making an announcement to your team. Workload redistribution. When employees are on PTO, their tasks may need to be redistributed, causing potential strain on remaining team members. Potential abuse. Some employees might abuse PTO, leading to reduced team productivity and resentment. Yet another downside is a lack of coverage. In a small team, the absence of a key employee on PTO might result in a lack of expertise or coverage. Additionally, if too many employees are taking time off at the same time, it can be difficult to keep the business running smoothly. Tips for Effectively Implementing PTO Policies The decision of whether or not to offer PTO is a complex one. There are many factors to consider, such as your budget, the needs of your employees, and the laws of your state. If you are considering offering PTO, here are a few more things to keep in mind: Clear guidelines. Develop clear PTO policies, outlining accrual rates, approval procedures, and blackout periods. Advance notice. Encourage employees to provide advance notice for PTO requests to facilitate operational planning. Fair allocation. Ensure PTO is allocated fairly, preventing any perception of favoritism or inequality. Seasonal considerations. Plan for peak seasons when PTO might be challenging to accommodate without affecting business operations. Encourage balance. Promote the use of PTO to maintain a healthy work-life balance among employees. Of course, communication is also important. Clearly communicate your PTO policies, including how to request time off and the expected response time. Offering Paid Time Off is a critical consideration for small business owners, with far-reaching impacts on both employees and operations. The benefits of PTO, including improved morale, productivity, and employee well-being, can offset the challenges of operational disruptions and budgeting. By thoughtfully designing and implementing PTO policies, small business owners can create a positive work environment that attracts and retains top talent, promotes employee satisfaction, and contributes to the overall success and growth of the business. Interested in learning more about business? Then just visit Waters Business Consulting Group to learn more about us and the services we offer.

Former Employee becomes a Rival Without a Non-Compete Agreement — What Should I Do

Legal Action might Not be the Best Action

How to Deal with an Ex-Employee Who is Now a Competitor

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Related Posts

7 Steps to Start a Business from Zero

Steps to Starting a Successful Side Business

What Small Business Owners Need to Know about Instituting Employee PTO

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