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.

Like this article?

Pros and Cons of Working for a Startup

November 9, 2018 No Comments

There are pros and cons of working for a startup — everyone knows this. But, it’s the actual realities versus the imaginary which cause a lot of undue anxiety and stress. Of course, it’s only natural to feel a bit uneasy about joining a fledgling organization. Even if it’s a great idea and a wonderful team of individuals, there are still up and downsides of working for a startup. Cons of Working for a Startup Let’s begin with the downsides first. It’s certainly no secret that salary is a huge concern. Often, what you’re paid is either low or in some circumstances, it’s “sweat equity.” Even if there’s an acceptable salary, there’s the real possibility your job description will contain a whole host of duties. In such an environment, it’s quite common for specialists to become jacks of all trades. Working for a startup can involve a lot of risk, that’s no secret; according to the Wall Street Journal, three out of every four startups fail. In fact, there are startups funerals in Silicon Valley where CEOs can highlight the demise of their defunct companies and ruminate on any mistakes made. But that doesn’t mean taking a job with a startup – even one that ultimately fails – won’t allow you to gain valuable experience and skills to add to your resume. —Monster.com Then, there’s the real possibility of working with less. It isn’t unheard of to have little to practically no resources at your disposal. Of course, one of the most common downsides of joining a startup is those long, irregular hours. Finally, there’s the real risk of untimely failure or an inescapable decline toward failure. Pros of Working for a Startup Obviously, it’s not all bad news. (If it was, no one would ever even consider working for startups. In fact, startups might not exist.) So, here are the upsides for working for a startup: A potential huge ROI. We’ll begin with the ultimate enticement — a gigantic payout. After all, isn’t this why startups get going in the first place? And, there’s certainly no shortage of examples out there to showcase big-time successes. Big gain in experience. Okay, let’s suppose you just earn a good salary and don’t hit the entrepreneurial lottery. You’ll gain a whole lot of experience during your journey that’s probably not available anywhere else. Making new connections. Another advantage of joining a startup is your ability to make new connections. You’ll meet a host of people in different roles which can really expand your professional network. The intangible excitement factor. It’s not just all about money and experience. There’s also the excitement of an unknown journey. It’s all wrapped up in a whirlwind of circumstances and emotions. What other factors would you say play into joining a startup? Please let others know about your thoughts and experiences by commenting! Interested in learning more about business? Then just visit Waters Business Consulting Group.

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.

The Entrepreneurs Guide to Vacationing

May 5, 2017 No Comments

If there’s one thing that successful entrepreneurs possess, it’s drive. The drive to start a business on a small scale and grow it to larger and larger proportions. The drive to make improvements and to learn from mistakes. The drive to encourage employees, professional associates, and friends to do their best and deliver on their promises. The drive to drive at practically everything, especially toward new goals. It’s hitting the brakes which often doesn’t come naturally. Though the idea of relaxing on a beach, hitting the ski slopes, or visiting a new destination might be intriguing and tempting, all can easily fall short because you won’t actually enjoy your vacation. Instead, you’ll be checking your smartphone and/or tablet, and might even phone-in now and again just to see what’s going on, and of course, to provide your sage advice. How to Take a Vacation from Your Business and Make It Work Why you ought to be concerned about your business while you’re away, you have to establish and respect some boundaries. It’s very difficult to put aside your business passion, but such a thing is absolutely necessary; and, it’s also quite healthy in more ways than one. While the human species is built, in-part, for work, it is also limited as to what it can handle. These are the reasons we feel tired after a day at work and why entertainment has risen to such a popular level for escape. Giving yourself permission to walk away from your company can be difficult. But if you can’t do it for yourself, do it for your staff: When you take vacation time, you’re setting a good example. —Entrepreneur.com Of course, such an escape can not only come from sports, books, television, and the like, but also from vacation. Some business owners actually go on vacation and never really leave their businesses, which is the definition of waste. When you consider the fact that someone would make plans, pay for travel and lodging, along with other expenses and not truly enjoy their time off, it makes the whole affair more costly and more unhealthy. I had a partner, in a previous business, who one time proclaimed with some sense of pride and peppered with a bit hint of martyr … “I HAVEN’T TAKEN A DAY OFF IN 5 YEARS”. Needless-to-say, he was and is a very hard worker, but reports from his remaining staff say the environment is like a “Salt Mine”! Everyone needs a break from work and that certainly includes business owners. When you start and build a company, it’s only natural to want to stay the course and keep your hands on the wheel. After all, the business wouldn’t exist without you and it wouldn’t be able to grow if you weren’t there. Though it might be difficult to take time off, it’s necessary and there are things you can do to take a vacation from your business and make the most of it: Have an action plan in-place. This isn’t a plan for you, but those who stay behind to run the business. It seems that Murphy’s Law takes effect the moment you aren’t present, so, have at least one contingency plan but don’t make it complicated. It should be easy to follow and simple. Know that you’ve invested in the right people. Your employees were likely hand-picked by you and this is a great time to see how well you chose your team members. Of course, there’s probably one who is a natural leader and who knows the business well to leave in-charge while you’re away. Disconnect from the day-to-day. You might check-in very briefly on a weekly basis, and that’s acceptable; but don’t give into the temptation of running your business from a distance. In our time, technology allows us to connect at any time and share information in moments. Those moments are just too precious and you need to disconnect. Put your family first. Okay, so your conscience is telling you that you work too much, too long, and don’t spend enough time with your family but you don’t change. This is the time when you can spend quality time and create wonderful memories. I have a client who hired my company in 2011 to help his retail business during the rough economic recession. He said that he was at his limit, and was ready to “throw in the towel”. Besides helping this client to recover, improve sales, cash flow, moral and pay down past debt and taxes, our Client wanted more time off with his family and vacations. The time off and vacations appeared to be a distant goal given the carnage left from simply trying to survive the recession, but we developed a strategy and took action weekly to clear up the past taxes and debt while helping him pursue his goal of time off and vacations. In 2013 he took time off and this motivated him to do it again. In 2014, our Client planned a family vacation for the summer. So, we helped our Client plan out and detail the specific and critical business metrics that needed to be managed by each of his team while he was gone. My Client reviewed this plan and his expectations on the metrics and operations protocol (i.e. Leads, Sales, Cash Receipts per Day, Deliveries, Installations, Service, and how to handle emergencies) with his Team. When he returned from his vacation, I asked; “how was your vacation and how did your team handle your being away for 10 days?” His response, “this was one of the best family vacations I’ve had in a long, long time, and there were very few issues while I was gone … I am looking forward to doing it again”. My Client took another week in Montana in the fall of that year, and 2014 ended up a record year in sales all while he built a team that will continue to allow him more vacations and time off