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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Pros and Cons of Work-Share Programs

April 29, 2020 No Comments

In times of uncertainty, particularly when there’s a financial crisis, work-share programs can serve as a temporary solution. But, these systems are not perfect. However, that doesn’t necessarily mean you should outright dismiss the option. Read on to learn more about the pros and cons of work-share programs. Biggest Downsides of Work-Shares As the nearby quote explains, work-share programs are offered by local governments to help small businesses in times of need. They give businesses the ability to reduce employee hours without having to resort to letting them go. As you might imagine, work-shares have their pros and cons. And, the first downside is that your business (or employees) might not qualify. If it does, another downside is that it could be more lucrative for team members to find alternative employment. Work-share programs let businesses temporarily reduce the hours of their employees, instead of laying them off during economic downturns. Technically referred to as short time compensation, the goal of work-sharing programs is to reduce unemployment. Work-sharing should not be confused with job sharing, which allows two part-time employees to share one full-time job. Instead, work-sharing allows a full-time worker’s hours to be reduced, in lieu of laying off the worker. —National Conference of State Legislatures Of course, if there’s an outright unemployment option that effectively supplies comparable or more compensation, that’s another downside. Then, there’s the matter of timing. Meaning, how long you’ll need the assistance and whether or not it’s sufficient to carry you and your employees through. Top Advantages of Work-Shares Now, there are obviously good things that come with work-share programs. These can be a real lifeline when you and your business needs it most. Here are some of the largest benefits of work-share programs: You can avoid layoffs. Okay, the most obvious advantage is the fact that you don’t have to resort to firing team members from your company. Work-share programs help you to keep your employees on the payroll, even if it’s a smaller one. It provides ongoing continuity. Another benefit is that your business can essentially carry on as usual (or as good as possible) for at least a short period of time. That can really help to save your business’ operations and keep productivity going. The arrangement helps maintain morale. Yet another upside to a work-share program is it helps to keep morale up since you’re keeping people employed and in a familiar work environment — even if it’s temporarily in another setting. You don’t have to start over again when it’s over. When the time comes to resume normal operations, the ability to retain employees helps you avoid having to hire all new staff and start over by training from scratch. What other pros and cons would you add to the list? Please comment and share your thoughts and experiences! Interested in learning more about business? Then just visit Waters Business Consulting Group.

3 Vital Steps to Stop Procrastinating

July 31, 2018 No Comments

Procrastination. It’s an ugly word. And, it plagues too many people. Procrastination is a very common phenomenon but it’s not necessarily a straightforward personality trait. Sure, there are serial procrastinators who put things off time and time again. But, even people who practice good daily habits can fall into the procrastination trap. It’s a bad thing because it causes you to rush and do something at the last-minute. Or, it can bite you because you put it on hold too long and now, it’s too late. Top Reasons Why People Procrastinate The truth is, people procrastinate for a variety of reasons. Sure, laziness is one reason but it’s certainly not the only culprit. It turns out fear is one of the most common causes. Either fear of failure or fear of success. Another reason is due to perfectionism. When you stop to think about this cause, it makes perfect sense. Then, there’s the matter of excitement or fulfillment. If it’s boring, it’s simply unattractive. With distractions at an arm’s reach at all times these days, it’s all too easy to find reasons to procrastinate. Don’t waste another second making excuses for the things you have to do. We put things off when there is something more challenging at hand. Instead of rising to the challenge and completing the task we have to do, we find smaller, insignificant activities to fill our time–telling ourselves that we’re getting something done. —Inc.com A lack of focus can also cause someone to put stuff off. Or, just low energy. Feeling like there’s no fuel in the tank is a big demotivator. Basically, the most common reasons for procrastination are negative feelings. Which means you can overcome the urge when it strikes. 3 Vital Steps to Stop Procrastinating There’s always something on our table we just do not want to do. It could be anything. The common thread is a form of fear or dread. This builds up the more it’s thought about, until it becomes overwhelming. And, while it nags in the distance, it’s common to indulge in busy work to keep it at bay. But, it doesn’t have to get the best of you. Here are three vital steps for overcoming procrastination: Put the hardest thing first. Eat your vegetables. It’s one of the single best ways to ward off procrastination. When you do the hardest or least appealing work first, you get it out-of-the-way. And, you can then move onto something more enjoyable. Break it up into small steps. Not every task or project can realistically be completed in one day. If this is the case, do it first but don’t do it all at once. Instead, do it incrementally over a given period. This way, you’ll see progress and have less and less to complete as you go along. Create a realistic, actionable schedule. To beat the urge to procrastinate, you need to go by a realistic, actionable schedule. One that you can follow and tick off the accomplishments, one by one. Have you beat procrastination? What other strategies would you suggest using? Please share your experiences and thoughts on how to tackle procrastination. Interested in learning more about business productivity? Then just visit Waters Business Consulting Group.

Business Succession Pros and Cons

April 15, 2021 No Comments

If you are part of a family business, and don’t have anyone related to pass it onto, you might consider a business succession plan as an option. Business secession is the process of transferring the company over to a new group of owners and/or operators. It could be anyone, from a competitor, to a family friend who’d like to take over the business. Regardless, it means turning over the reins to another person or party. So, it’s best to have a fundamental understanding of the process itself and its net effects. Business Succession Advantages Perhaps the biggest benefit of succession planning is knowing who will continue the business, particularly if you’re concerned about maintaining its good reputation. Additionally, it also motivates employees to do their best, because those with key roles who will run the company in the future will most definitely take their responsibilities seriously. If you were a business owner who was considering putting your company on the market but decided not to sell (or at least not anytime soon), what steps should be you taking now? The goals are to ensure preservation of the current business, as well as provide for an orderly and stable future transition when the proper time to sell arrives. —Kiplinger Yet another advantage of business secession is having peace of mind as to what happens to the company after you retire, or in the event you become disabled or die. (This is not only true for you as the current owner, but also, for your customers.) Plus, it helps to put in place processes that are known quantities, and therefore sets the successors up for a successful future. Business Succession Disadvantages Of course, there are drawbacks to everything, including business succession planning and eventual execution. Here are the three most common downsides of business succession you should know about: Turnover. Not everyone inside the business will receive a key role in the future. That can damage company morale once the plan is revealed to the company at-large. Moreover, it could cause good people to leave for other opportunities. No guarantees. Even if every single aspect is outlined and detailed, this does not guarantee the business will continue to be successful. After all, turning over the management means relinquishing leadership, which opens the possibility of failure. At the very least, a risk the business will suffer instead of flourish. Inappropriate strategy. Perhaps the most disconcerting thing about succession planning is the very real possibility of selecting the wrong people to run the company. Sure, the personnel chosen might well be top-notch producers and good with mentoring others, but might not be up to the challenge of actually running an established company. What else would you add to the pros and cons of business succession planning? 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.