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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Microsoft will Ditch its Own Tech in Favor of Rival Google — Here’s What it Means to Your Business

January 14, 2019 No Comments

If you haven’t heard this news, that’s okay. It’s really a niche story but it does make a very important point. Here’s the short version. Microsoft tried to create its own web browser to replace Internet Explorer. It’s known as “Edge.” And, the code behind it has proven too troublesome. So, the software giant will build a new web browser-based on the technology Google uses to power Chrome. What it Really Means to Reinvent the Wheel Let’s get to the real meat of this cliché. Like many other adages, it’s a truism. The reason people say it is precisely because it is an unavoidable fact. It makes a very blunt point. That is, the wheel already serves a purpose and there’s no need to try to come up with something better because it works so well. The general public typically has a distorted view of entrepreneurship. They think of visionary leaders who created something no one had ever seen before and became household names in the process. While it’s true that some figures have achieved this level of notoriety, the reality for 99 percent of entrepreneurs is very different. Their success is based not on creating an earth-shattering new product from scratch, but on learning what their customers want, making user-centric adjustments to existing products or services and providing it for them. —Inc.com We’ve all heard the saying more than one time. But, it still alludes business leaders who believe they can do “it” better, whatever “it” might well be. Call it hubris or stubbornness, it can get the best of the best. How Entrepreneurs can Avoid the Reinventing the Wheel Trap So, how does one avoid the temptation to reinvent the wheel in business? It’s not simple because the urge is so very strong to come up with the next big thing. Here are three ways to avoid the reinventing the wheel trap: Take a step back. If you feel the compunction to try to reinvent the wheel, take a step back look at the big picture. Take a deep breath and think about how to incorporate what you need that already exists instead of trying to come up with something new. Ask for team member input. Okay, here’s another cliché, “two heads are better than one.” And, it’s also a truism. Getting different perspectives and points of view can really work wonders. Apply your existing resources. You might already have the tools on-hand to accomplish what’s needed. Put those to good use rather than putting a lot of extra time and effort into something which might not pay off. How do you avoid the urge to reinvent the wheel? What practices work best? Which steps can other entrepreneurs take to avoid this mistake? Please, comment and give us your experiences! Interested in learning more about business? Then just visit Waters Business Consulting Group.

3 Unconscious Mental Blocks Your Routine Creates that Hold Your Business Back

September 24, 2021 No Comments

Your routine is your frenemy. Let’s repeat this paradoxical reality again. Your daily routine is your frenemy. It’s an often unspoken, difficult truth. Something most of us either ignore or just never think about. Regardless, it is inescapable, because there are two sides to everything. And your daily routine is certainly no exception. What is supposed to be highly advantageous, can also unleash equal disadvantages. So, it’s time to look at this with a curious, open mind. Biggest Daily Routine Benefits Routines obviously have their benefits. Otherwise, we would not institute and follow them at all. For example, keeping you on time and task certainly is a huge advantage. By following a routine, you are much less likely to get distracted and you’ll complete priorities in order of importance. Additionally, a routine helps with the ebb and flow of life. Which is to say, uncomfortable or emergency situations. It’s a fundamental truth that sometimes the greatest barrier to your success is yourself. Not that you don’t try, aren’t talented, or don’t have the resources to succeed–you do. It’s just that a self-limiting mindset can creep into your worldview without you realizing it, keeping the achievement of your goals forever on an unreachable horizon. —Inc.com It’s common advice that when you’re in unfamiliar territory and feel overwhelmed, settle back into your routine. This helps you to relax and look at the bigger picture. Ultimately, it gives you the calming effect of being in control. Moreover, a routine lets you to chart your progress throughout the day. You feel a sense of accomplishment with each line item you cross off your list. 3 Ways Your Routine Sabotages Your Business Although routines are beneficial on one hand, on the other, they can be downright detrimental. We usually don’t see these disadvantages because routines offer a sense of continuity and comfort — to mindsets that can be counterproductive. Here are three unconscious mental blocks that your routines create and hold back your business: You feel satisfied. There’s nothing quite like the feeling of satisfaction. It puts your mind at ease and lets you put your brain on idle. And, that’s the very problem with the mind being satisfied — the satiation is an impediment to wanting and doing more. When you are satisfied, you stop and disengage. Done too often, this is a recipe for stagnation. You’re not as creative. Have you ever noticed those “eureka” moments are now few and far between, or worse yet, absent entirely? When you started your business, you did so with enthusiasm, drive, and purpose. But, you’ve come to a point where you’re not nearly creative as you were in the past. That’s because you’re just following a routine, which means your no longer freeing yourself to think outside of the box. You can’t envision a different future Sure, the future is always uncertain. However, there’s a difference between not knowing and not dreaming. If you hit enough of your goals, you’ll probably stop thinking about reaching new achievements and that is tantamount to not reimagining your possible future. After all, as time goes by, changes occur and the future might actually look completely different than it did before. What other ways do routines undermine your success? Please take a moment to share your thoughts and experiences. Your unique perspective just might help one or several people out! Interested in learning more about business? Then just visit Waters Business Consulting Group.

Now, It’s Time to Talk about Remote Layoffs and How to Cut Ties the Right Way

March 18, 2022 No Comments

When it comes time to let someone go, the situation can be difficult — especially if that person is remote. You may feel like you need to handle the situation in person, but that’s not always possible. So, let’s discuss how to lay off or terminate a remote worker with professionalism. Read on to learn what you should do and what you should avoid doing so that the process goes as smoothly as possible for everyone involved. Remote Hiring and Work Means Remote Lay Offs and Terminations When it comes to layoffs, there’s a lot of talk about sending people home. But when remote work is factored in, that can mean terminating employees who are located in other states or countries. And suddenly, the logistics of layoffs become a lot more complicated. For employees, losing a job can be a traumatic event. And for a leader, cutting someone from your team comes with its own kind of pain. Still, for any number of reasons, layoffs may be a hard but necessary move. Over the past two years, more and more companies have had to navigate this decision in a newly remote landscape, which can make an already challenging process even more difficult. Handle it poorly and you’re liable not only to upset laid-off employees, but also generate fear and anxiety amongst your remaining workforce. —Inc.com It’s no secret that the way we work is changing. With advances in technology, more and more people are working remotely. And while this can be a great option for employees, it can also present challenges for employers. One of those challenges is layoffs and terminations. When you have employees scattered all over the country (or even the world), it can be difficult to let them go. But with the right planning and execution, it can be done effectively and humanely. How to Dismiss a Remote Employee and Do it Professionally When you’re terminating a remote worker, it’s important to be clear and concise in your communication. You’ll want to avoid giving false hope or being vague about the situation. Be sure to thank the employee for their work up until this point, and let them know that the decision is final. It’s also crucial that you provide a clear timeline for the termination process so that the employee knows what to expect. This will require actual interaction. Do not send the bad news via email (or worse, text). Give him or her the courtesy of being professional by doing the following: Be prepared. This is something you’d definitely do in person. Although you’re not in the same physical location, it’s a good idea to know what you’re going to say. You can even prepare a shortlist of talking points to refer to but don’t create a script to read word for word. Instead, be prepared to speak as you would in normal circumstances, it’s okay to even rehearse so you can stay focused and not be unnecessarily distracted, which would be very discourteous. Set a time. Just like you would if you were letting someone go who works in the office, you should set a time to meet. Be sure to clear your schedule and to have ample time for the interaction. If something comes up unexpectedly beforehand, simply reschedule. If there’s an untimely interruption during your talk, simply dismiss it and deal with it later. Go face-to-face. Sure, you’re not sitting across the desk from someone in a room, but for all intents and purposes, that’s still what happens. Again, don’t deliver the bad news through email, even if you are an elegant writer. Give him or her the professional courtesy that he or she deserves and unless it’s a totally irretrievable situation, do not burn your working bridges. Answer questions candidly. Last but certainly not least, be professional enough to answer any questions and do so honestly unless you really don’t have an answer. In the case of the latter, simply tell him or her the truth but don’t dwell on it and don’t make it into an excuse. What other suggestions do you have for letting a remote employee go? Please take a few minutes to share your thoughts and experiences so others can benefit. Interested in learning more about business? Then just visit Waters Business Consulting Group.