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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Should I Sell My Business During the Downturn or Wait until the Economy Rebounds

July 22, 2020 No Comments

If you run a successful business — and have for many years — it’s understandable that during such an uncertain time as there is now, you might consider just getting out. This is particularly true for individuals who’ve enjoyed a good amount of success but just don’t want to go through another cycle that again puts them emotionally through the wringer. However, because of all of that’s going on in the economy, with things largely down, is it best to sell now or wait until the economy recovers? The Downsides of Selling During a Recession That’s really the million-dollar question. Of course, a recession will naturally be a more tough environment in which to sell. There will be fewer buyers available as small business credit tightens and even larger organizations avoid potential risk. So, you’ll probably find it a bit challenging to find a suitable buyer. The Great Recession ended in 2009 and impacted the lives of many. Now as the economy appears to be headed into another downturn, it’s a good time to review how to take advantage of the recession instead of letting it take advantage of you. —Investopedia Then, there’s another fairly obvious factor — will your business bring the amount you expect? Put another way, can you sell it for the same amount or near the same amount you would be able to during normal economic times? Also, how do you effectively market your business in order to attract the right type of buyer? (This is where an experienced business consultant/coach would come in very handy.) The Advantages of Selling During a Recession Conversely, there are some distinct advantages to selling during an economic downturn. Here are some benefits you should know about: You might be able to leverage a slight discount. Okay, so that’s probably not what you want to hear, but this doesn’t mean giving your company away for an undervalued, low-ball price. What it does mean is being able to attract qualified buyers with the promise of a fair deal. By taking this approach, you may be able to sell it faster and move on to something else, or perhaps retire, in a shorter period of time. You can separate out time-wasters from serious buyers. This is something just about any business that’s for sale encounters. People who talk a good game but never really follow through and actually take action. On the flip side, serious buyers will understand the overall economic circumstances. Therefore, they’ll be more sincere and eager to get the deal done. In other words, they’ll likely have their ducks in a row and be ready to proceed because they’re serious. Remember that you’re in control. Very few business owners who decide to sell are completely comfortable with their decision. The majority will second-guess themselves over and over again, even after they go through with a transaction. The bottom line is, if you are able to get a fair price, it’s probably not worth risking waiting any longer, because the economic environment could worsen and that will most definitely hurt your chances of selling. What other advice do you have? Please take a moment to share your thoughts and experiences by commenting and giving others valuable feedback! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Hurricanes, Wildfires, and Earthquakes: How Business Owners Can Effectively Deal with Big Problems (Without Ignoring Smaller Ones)

February 13, 2025 No Comments

Two monstrous hurricanes hit the southeast late last year – Helene and Milton. Weeks later, ferocious wildfires engulfed southern California. This past Sunday, earthquakes shook Greek islands, followed by a pair of earthquakes rocking San Bernardino on Monday.

Telltale Signs Your Employees Really Don’t Like You

December 15, 2017 No Comments

Whether you’re a business owner, manager, or supervisor, you’re always at risk from becoming a pseudo-pariah. Different personalities can clash and even those which normally get along can become strained. Of course, no matter what types of business you’re in, you need a well-organized team. But, just because you have assembled the talent doesn’t mean you’re getting the best performance. Because when employees don’t like you, they’ll adeptly conceal their feelings. Best Qualities of a Likeable Boss The fact of the matter is, employees (and customers alike) are fond of certain qualities. For instance, they like people who are well-organized, respectful, and willing to lend a helping hand. They like people who are honest even when it’s not popular and people who are fair. Besides all your accomplishments as a business person, are you sure that you are a great boss? This is because leadership skills play a pivotal role in climbing the success ladder. Unfortunately, poor leadership is one of the most common reasons behind businesses falling back with their entrepreneurs earning the tag of bad bosses. Being a good boss comes with plethora of leadership challenges that every entrepreneur has to go through. —Pocket HCM Likewise, they also treasure integrity, guidance, and humility. What’s more, people love someone who listens and takes genuine interest. Trouble is, you might have many of these qualities but still don’t make a strong connection with your team members. If this is the case, chances are excellent there’s something you’re missing. Telltale Signs Your Employees Really Don’t Like You Some business owners, managers, and supervisors believe that ruling with an iron fist is just necessary evil. Others try to strike a balance, being tough but fair. Whatever the case, if you have a notion that your employees don’t really like you, it’s time to look for the following signs: High turnover rate. This is perhaps the biggest telltale signal. If your organization is riddled with high turnover, you might be the culprit. Solicit feedback from as many team members as possible to learn if you are part or at the center of the problem. Little to no volunteering. Content employees are eager to volunteer because they enjoy working in the environment, with their coworkers, and boss, as well. A lack of volunteering might stem from the way you run the business. Or, at least, because it’s an uncomfortable environment. Practically no small talk. If your employees are short on small talk with you, there’s definitely a reason why. Happy employees are happy to chew the fat with their boss. At least, when they believe there’s a good relationship. Simply put, a lack of small talk speaks volumes. Body language speaks volumes. Speaking of speaking volumes, pay close attention to body language. Eye rolls, crossed arms, fidgeting, no eye contact, no or fake smiling, and more are all telltale signs they’re failing to get their mind and body to agree. What other signs would you add to this list? How can business owners get honest feedback from their team? Please share your thoughts and experiences by leaving a comment! Interested in learning more about business? Then just visit Waters Business Consulting Group.