Q: One of my former employees has started a competing business and is calling my clients and trying to steal their business from me. Do I have any legal recourse against him?
— Brad J.

A: I hate to break this to you, Brad, but unless this former employee signed a noncompete agreement while on your payroll, there is probably very little you can do to stop him from wooing your customers. You should discuss the situation with your attorney, but unless this person is also breaking the law in some other way (using stolen trade secrets, for example) your attorney will probably concur with me.

Renegade former employees riding the free enterprise wave is one reason noncompete agreements are gaining in popularity among employers who hope to use them to help protect their business from competitive threats launched by former employees. Many employers are now demanding that key employees sign noncompetes as a stipulation of employment. While signing noncompetes usually doesn’t sit well with employees who view them as potential roadblocks to their upwardly mobile career path, many businesses will not hire a key employee without his or her signature on the dotted line.

A noncompete agreement is a formal contract between you and your employees in which they promise not to use information or contacts pertinent to your business in a competing situation. In other words, they agree not to take everything they learn working for you and put it to use for someone else. This could mean going to work for a competitor or starting a competing business of their own.

While not popular with employees, noncompete agreements are a good way for employers to keep key employees on the payroll and protect the company’s proprietary information. That said, do not go overboard with noncompetes: not every employee should be required to sign one. If an employee does not have access to sensitive information, customer or accounting data, or is integral to the overall success of your business, there is no need to have them sign a noncompete. The janitor, for example, poses very little threat to your business if he gets a job with a competitor. Your sales manager, on the other hand, can devastate your business by hooking his wagon to a competing horse.

Which employees should sign noncompete agreements? While the prerequisites vary from business to business, the following is a good general list. The term “employees” represents executive level, management, supervisory, and non-management personnel relative to that example:

– Employees involved in research or product development. – Employees involved in the design, fabrication, engineering, and manufacturing process. – Employees who service products made and sold by your company. – Sales and service employees who have regular contact with customers or sensitive customer information. – Employees with access to sensitive business information or trade secrets. – Most importantly, employees who have sufficient information about your business that would allow them to start a competing business.

Most business experts agree that noncompete agreements are generally a good way to protect your business. The downside is that noncompete agreements are often difficult to enforce and in some states, may not be enforceable at all. Many state courts have ruled that noncompete agreements are too restrictive on an employee’s right to earn a living.

In California, for instance, noncompetes are generally only enforceable in connection with the sale of a business and not for employees. In Alabama, noncompetes are generally enforceable in only two contexts: the sale of a business and in connection with employment – but even then the enforcement requires that there be a valid interest worthy of protection.

Some states require that the noncompete be signed at the beginning of the employment relationship and will only consider the enforcement of a noncompete signed after the initial employment date if the signing of the noncompete was accompanied by a promotion, raise in pay, or other event that elevated the employee to a more important role within the company.

To be enforceable, noncompete agreements must be reasonable on three accounts: Time, geography and scope. Regarding time, you can’t restrict someone from competing with you forever, so one to three years is the accepted time period for most noncompetes.

As to geography, you can enforce restriction in the general area where you conduct business, but you can not enforce the restriction beyond those boundaries. And for scope, the agreement can restrict certain actions on the part of the employee, but can’t be so generally restrictive that the employee won’t be able to earn a living working in the same industry in a noncompetitive position.

One interesting thing to note: noncompete agreements are not enforceable against certain “professionals,” like doctors, CPAs, and lawyers (who do you think writes all those noncompetes).

At this point, Brad, the best thing you can do is contact your attorney to see if you have other grounds for suit, then contact your customers and let them know what’s going on.

Explain the situation regarding the former employee, but do so calmly and resist the urge to tell them what you really think of this guy. Showing your anger to the customer is not going to help you keep their business .

Reaffirm your relationship with the client, tell him how much you value his business, remind him of your track record and level of service, then ask one simple question: What can I do to make sure your business stays with me?

Here’s to your success!

We were frustrated, my colleagues and I, as we wrestled with a new business idea. We thought it was a great idea but we couldn’t effectively describe, in business communication terms, what it would mean to users.

And, out of our discussions came the idea of writing a case study. If you’re not familiar with them, case studies are a staple of business communication. More specifically, they’re histories of specific business initiatives.

They’re like articles, but they put the reader into the shoes of a person making a difficult decision. Other professions also use case studies; you’ve probably heard of medical case studies, for example. Medical students get a set of facts about a patient, and perhaps some background or context, and then must diagnose the patient’s condition or disease.

Business case studies have proven popular at some university business schools (popular with the profs, at least). In some senses, the case study is the next best thing to being involved in a real case. And, an effective business communication tool, as I’ll explain here.

So, why would this be of interest to you? Well, if you have to persuade others to adopt your point of view, or buy your products, or vote for you, then you might find a case study useful.

In fact, you may be doing something like that already. Whenever you tell a story that’s designed to make a certain business communication point, you’re using a form of case study.

During my brief foray into life insurance sales, for example, I learned that emotion sells policies, and not logic. That’s why people in the business have a raft of stories about people who did or did not have protection when they died.

The point being made is that you should life insurance, and that you should have the right kind and the right amount. Now, if you sold life insurance, you would quickly find that no one listens when you explain the logic, but they will listen — and act — if you have your case studies (your anecdotes).

So, having gone through all that, is a case study just a fancy name for an anecdote or story? Yes, to a certain extent it is any tale used in business communication.

But, when you think of a case study, think of it as a more elaborate and more logically constructed story. Typically, a case study describes an organization or manager facing a choice or dilemma of some kind, and the reader gets a number of facts about the options. After that, you, the reader, are challenged to make the decision. Some real-life case studies include a follow-up report, so readers know which real-life decision was made, and how it worked out.

Getting back to the business idea with which we started, my colleagues and I did not proceed, and the case study exposition became a moot point. But, had we gone ahead, the case study likely would have been the cornerstone of our business communication efforts.

Finally, if you’d like to read some case studies, simply go to your favorite search engine and type in this phrase (with or without the quotation marks): “case study examples” or “case studies” .

In summary, case studies are a special type of business communication; they help us understand real-life decisions, and are a useful resource for persuasion and education. Add one or more to your business communication toolbox.

Any business no matter how small should be planned perfectly for it to succeed especially when it is a business that relies greatly on the different tastes of people. Just like sign and poster printing, a brochure printing business heavily relies on your artists creativity and your customers taste and satisfaction. Therefore, you should be careful about every approach that you make especially during the planning stage of your brochure printing business.

Behind every successful business is a well researched business plan. So before you start investing your money, conduct a thorough research about the brochures printing business. Find out more about the history of printing and how it is done. Make a list of all the machineries that are used during brochure printing and try to find out how much they cost. An inventory of all the materials used during brochure printing such as inks and papers is another thing that you should obtain. Try to find out more about how long it will take to produce a single brochure.

After doing your research about brochures printing, make a feasible business plan. It should contain details about your business location, the capital cost of putting up a brochures printing business and the procedures that are involved in printing, and the capital you are willing to allot in putting up your brochure printing business.

Study your business plan. If you think that the capital cost would be too much for you, then start conducting a research about the current market price of the materials in your inventory list. You can do this by visiting shops in your area that offer brochure printing materials. you can also search the Internet for online shops that offer printing materials. Make adjustments in your business plan depending on the research you made.

After polishing your business plan, try to find a business expert who can give you advice about your printing business. Show him your business plan and ask him to give suggestions that can help make your brochures printing business more successful.

You can now look for the perfect location where you can put up your business headquarters. After finding a location, find a contractor who can work for you. Discuss with him your proposed budget and ask him to update your business plan. Since a contractors line of work makes him more aware about the market prices of all hardware materials, he may be able to help you update your current price list.

Make it a point to always monitor the progress of your business: be there during the construction of your businesss building, be there when it is time to shop for the materials and machineries that you will need and ask for progress reports from your contractor. This is a way for you to guarantee that the workers you hired will not slack off and waste your hard-earned money. It is also a way for you to find out first hand all the problems that occur during the construction.

Putting up a business is not the same as building a house. Therefore, you should be extra careful especially when money is involved. After all, just because a business is a risk doesnt mean you should be careless about the important details that concern your business.