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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Want More Sales? Simple. Create a Problem, then Solve It.

October 22, 2021 No Comments

One impressive attribute to Apple’s incredible success is solving problems. More particularly, “creating” a problem and then offering an attractive solution. Distilled down, this is the art of identifying a common issue or need, and then supplying a fix or a fill for said need. Steve Jobs was a master of this strategy. Prior to the introduction of the iPod, consumers simply didn’t realize they had a need for an entertainment device that could store thousands of songs. The story goes like this. Steve Jobs was out for a run when he experienced problems with his MP3 device. This led to inspiration, which he realized that if consumers were given a far superior — albeit much more expensive alternative — they would leap at the chance to buy it. Of course, history shows that Steve Jobs’ instinct was spot on. Another epiphany struck him again and Jobs responded, ordering his company to get to work on a new state-of-the-art device. This, because he feared that competitors would take his successful iPod and integrate it into a multi-functional phone. Of course, this is the birth of the iPhone. Perceived Necessity is also a Mother of Invention The business lesson that people can take from these instances is that there are always consumer needs. Even if they are somewhat obscure, they still exist and are waiting to be filled. Both of these electronic devices prove that there was indeed consumer desire for such things, even if the public didn’t yet know they wanted them. …when developing new products, processes, or even businesses, most companies aren’t sufficiently rigorous in defining the problems they’re attempting to solve and articulating why those issues are important. Without that rigor, organizations miss opportunities, waste resources, and end up pursuing innovation initiatives that aren’t aligned with their strategies. —Harvard Business Review Both products became huge sales successes, as everyone now knows. But at the time, they were a gamble. After all, these were largely luxury items and did not completely match a fundamental, utilitarian purpose. However, their form factor and marketing made them irresistible to consumers and that’s why they’ve gone down in history as two of the most remarkable innovations of their era. How to Identify a Problem to Solve and Sell Although it might seem like too big a feat to pull off, you can take a page from the same playbook. (This is especially true if you’ve been in business for many years, but even that amount of experience isn’t necessary.) The point is that there’s always a need for some type of improvement, innovation, or invention. The question really comes down to necessity and appeal. Here are a few suggestions for how to identify a common problem to solve and sell its solution: Identify a problem or need. Let’s begin with the super obvious — the need to hone in on a need or an issue that can be filled or fixed. If you’ve been working in your industry for some time now, this might even be a common gripe of yours. Think about some type of flaw or problem and that should get you started. Structure an attractive solution. Once you’ve identified a need or problem, it’s time to come up with a workable solution. Of course, this is a lot easier said than done, but the time and effort could be worthwhile in the end. Keep in mind that there are certain elements that can really help your solution sell. For instance, being appealing, convenient, cost-effective, and applicable to a wide enough consumer base to make it valuable to the public. (Or, even to others inside of your own industry.) Test out your new product or service. After you’ve come up with a methodology or product, it’s time to test it out. You should experiment in at least a few different settings, with various scenarios applied to the test environment. This will help reveal any shortcomings and will also provide inspiration as you see it in action. Testing will also help you determine its overall viability in the marketplace. What other suggestions do you have for identifying a want, need, or issue and coming up with the right fulfillment or fix? Please take a moment to share your thoughts and experiences so others can benefit from your unique perspective! Interested in learning more about business? Then just visit Waters Business Consulting Group.

7 Ways Entrepreneurs Can Deal with a Competitor Who Plays Unfair

March 20, 2025 No Comments

We tend to think of unfair trade practices as a multi-billion dollar corporation scheme. Mega companies like Microsoft, Facebook, Apple, and Google typically come to mind. And while it’s true these International entities do as much to monopolize their industries as possible, unfair practices can happen on a much smaller scale.

Small Business Owners in the Trades – Should You Provide Your Techs with Tools or Have Them Supply Their Own?

October 10, 2024 No Comments

Trades-based small business owners, from plumbers and electricians to HVAC and carpenters, often ask one question that sparks debate among newcomers and seasoned professionals alike: should you provide your technicians with tools, or should they bring their own to the job? This decision is far from trivial because it can significantly impact your business’s operations, finances, and even team dynamics. On one hand, supplying tools ensures consistency and control over equipment quality, but it comes with substantial upfront costs and ongoing maintenance responsibilities. On the other, having techs supply their own tools can reduce your overhead and potentially attract more experienced professionals, but it may lead to inconsistencies in work quality and create liability concerns. With this in mind, it’s important to take a close look at the pros and cons of each approach, exploring how this choice can affect your bottom line, workforce satisfaction, and overall business efficiency. Whether you’re a seasoned trades business owner re-evaluating your current policy or even a newcomer to the industry trying to make an informed decision, this short but informative guide will help you navigate this crucial aspect of managing a trades-based small business. Tools of the Trade: Should Small Business Owners Provide Them or Let Techs Bring Their Own? When you’re running a small business in the trades, every decision counts. One big question you might face is whether to provide tools for your techs or let them supply their own. This choice can shape your business culture, affect costs, and influence your workers’ morale. So, what’s the right move for you? Well, it depends on several factors, some of which are more consequential than others. Now, let’s get into the nitty-gritty and provide a few answers. Why You Might Want to Supply Tools Providing tools shows commitment to your employees. Just think about it: when you hand over a quality tool, it sends a message. It says, “I trust you to do your best work.” Plus, you can control the quality of the gear. If you’ve ever used a low-quality drill or a dull saw, you know how much it can affect the job. When you supply reliable tools, you ensure that your team has what they need to get the job done right. Consider this scenario: you have a new tech on your team. You give them top-notch tools. They feel valued and more confident about their work. That confidence can translate into higher-quality results and fewer mistakes. When you supply the tools, you can also streamline your operations. Everyone uses the same gear, which means less time wasted figuring things out. But, don’t forget about cost factors, either. Supplying tools means you’ll have to spend money upfront. Depending on your business size and the number of employees, this can add up fast. If your workers have their tools, you can save some pretty penny while also encouraging them to bring their best selves to work. The Case for Techs Bringing Their Own Tools On the flip side, letting your techs supply their tools can encourage a sense of ownership. When someone buys their tools, they’re likely to take better care of them (and not forget them on a job site). That personal investment can lead to pride in their work. Also, if your techs have their own favorite tools, they probably know how to use them best. This familiarity can speed up jobs and enhance quality. When the tools are owned by your employees, they’re the master of their domain. No need to seek approval from anyone – not even the boss. This makes their freedom palpable. Techs don’t have to wait for a painfully slow approval process. Plus, they don’t have to suffer delays to wait for the tools to arrive. All they need is right there, ready for them to pick up and put to use. Techs who own their own tools feel empowered to work on their term. They can dive into a project without bureaucratic hurdles or logistical roadblocks. Finding the Right Balance So, where does that leave you? It’s not always black and white. Some businesses choose a middle ground. For example, you might provide basic tools and let your techs bring specialized ones. This way, you maintain quality without breaking the bank. Additionally, think about offering incentives for tool maintenance. A tool bonus could encourage your employees to keep their gear in shape, whether it’s yours or theirs. The Team Factor Now, let’s look at team dynamics, which play a crucial role in this decision. If you have a collaborative environment, having similar tools might strengthen that bond. Everyone’s working with the same equipment, which can foster teamwork. On the contrary, if your crew thrives on individuality, let them shine with their personal tools. Moreover, open communication is key. Ask your techs what they prefer. You might discover a shared sentiment that could guide your decision. Creating a culture of inclusiveness not only builds trust but also enhances productivity. Consider the Following Whether you provide tools or let your techs supply their own is a complex choice, shaped by your business goals, team dynamics, and budget. Whichever path you choose, prioritize your team’s needs and consider the long-term implications. Remember, successful businesses don’t just focus on profit; they also invest in their people. In the end, your decision will set the tone for your workplace, creating a space where everyone can thrive. Want to Accomplish More? Do you want your company to grow faster and earn more while you spend more time with your family doing all the things you started your business to do? We can make that dream a reality. Give us 30 minutes and we will show you how to get your life back. Skeptical? Good! Put us to the test. You can call us for your free appointment at 480-636-1720, or, if you prefer,