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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If You Work Even When Your Not at Work You Need to Stop and Read This

October 31, 2018 No Comments

Work, work, work, work. It’s a well-established entrepreneurial behavior. And, in the age of on-demand information and immediate connectivity, it’s only getting worse. Unfortunately, too many people are a part of an always-at-work culture. Sure, they love what they do. But, it causes burn out and just isn’t healthy. If you’re constantly working, even when you’re not at work, you’re not alone. So, read on to learn a few ways to effectively deal with it. A Different Look at the Always-at-Work Behavior We’ve talked about wasting time. And, in a very real sense, that’s what you’re doing when you’re working when you’re not actually at work. In other words, the fact that you’re not truly in the moment means you’re only cheating yourself and the others around you. Depending on the job and the employer’s expectations, which should be clearly outlined, employees who accept a job and commit to meeting those expectations need to accept that they are “on call” and be willing to answer communications. However, remember the old adage, “All work and no play makes Jack a dull boy.” Everyone deserves some time to disconnect. —Forbes.com Think about it for a moment. If you are constantly distracted by work, you’re effectively taking time away from family and friends because you’re not enjoying what’s going on. In fact, you don’t even need to be there since it’s not what’s capturing your attention. How to Prevent Workaholic Urges Now, it’s one thing to “know” there’s an issue but a totally different thing to do something about it. After all, you’ll have to fight through those feelings that push you into your always-at-work disposition. So, let’s take a look at some effective ways to prevent workaholic urges: Recognize there’s a problem. You’ve probably heard this a number of times. It’s unavoidably true. You must start by recognizing there is a real problem. Then, commit to make a change. Don’t beat yourself up too much if you slip now and again because that’s just part of the process. Ask for help from your team. You’ll need to enlist the help of your team to make real strides. Tell them to keep work at work. You’ll probably find they are happy to help out. Establish a set turn-off time. Another way to get away from the urge to work is to establish a set turnoff time. (A good time is when it’s time to cook dinner or sit down for dinner.) Learn to indulge in relaxation. Relaxation isn’t a bad thing. So, stop treating it like it is the end of the world because it isn’t. Find something you enjoy and take time to enjoy it. I am personally working on myself too! I recently took a break to Mexico with my 14 year old daughter to unplug. Guess what, I plugged in my lap top to work in the mornings and found myself working until noon on a few days! Not good! I actually felt a small amount of anxiety because of my actions. I am now working on a better plan for unplugging. How else do you get away from the urge to work all the time? What other methods and strategies do you use? Please share your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

You Promoted Your Star Employee. Now They’re Struggling. Don’t Panic—Read This

September 4, 2025 No Comments

It’s an almost unbelievable and unbearable situation: giving a strong team member a shot at management only to learn the individual isn’t up to performing on the next level.

3 Ways Small Business Owners can Help Employees Out during Tough Economic Times

April 28, 2022 No Comments

Small business owners are often in a unique position to help their employees during tough economic times. They may be able to offer more work hours, give gas and grocery gift cards, and allow schedule flexibility for side gigs. In this blog post, we will discuss some of the ways small business owners can help their employees out during these difficult times. How Helping Your Employees Benefits Your Small Business When you help your small business’ employees, they are not only appreciative but often become more loyal. They’ll also be more productive and deliver a higher quality of work, as well. Plus, happy employees are far less likely to leave, meaning you won’t have to find replacements and spend extra time training new employees. During challenging economic times such as a recession, many companies struggle to stay afloat while the employees worry about losing their jobs. Management has the tough task of finding ways to keep employees loyal and productive while assuring them that they can survive the challenging period. —Houston Chronicle Small Business All this is to say that your small business’ employees are a true asset. They are an investment in your company and usually, bring a healthy return on investment. Smart, long-term business owners realize this and therefore do anything and everything they can to help their employees when economic times get tough. 3 Ways Small Business Owners can Help Employees Out during Tough Economic Times Difficult economic times put far more stress and pressure on hourly employees than salaried executives. If your business is in the position to give employees a little help, it will go a long way. Here are three ways small business owners can help their workers through trying economic times: Offer more work hours. Offering more work hours is one way small business owners can help their employees during tough economic times. This can help employees make ends meet and keep them from having to find another job. Give gas and grocery gift cards. Giving gas and grocery gift cards is another way small business owners can help their employees during tough economic times. This can help employees with their daily expenses and allow them to save money on groceries and commutes. Allow schedule flexibility for side gigs. Allowing schedule flexibility for side gigs is another way small business owners can help their employees during tough economic times. This can help employees earn extra income and provide them with better financial stability. These are just a few of the ways small business owners can help their employees during tough economic times. If you are a small business owner, consider how you can help your employees during these difficult times. Your employees will appreciate your support. Do you have any other suggestions for how small business owners can help their employees during tough economic times? Share your thoughts in the comments below. We would love to hear from you! Interested in learning more about business? Then just visit Waters Business Consulting Group.