Are You Being Shopped by Your Competitor?

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That is a question we should all be asking.

Then we should decide if the answer matters to us or our business. 

If you are Erbert and Gerbert's Sandwich Shops and a Subway franchisee is going to several of your locations buying and tasting your sandwiches, there isn't much you can do about that.

But if you are Erbert and Gerbert's Sandwich Shop and Subway's HR person calls your best development person, or contacts them through LinkedIn for an interview, you need to ponder that dilemma and decide if and how to combat it.

We are in an age of lots of connection!  Do you have employees sending out resumes from the office computer? You can track that. Are they posting their resume on LinkedIn with notes such as "Looking for Job Opportunities"?  That's another matter. 

There is always the standard non-compete agreement which you can ask an employee to sign upon hiring.  Make sure the agreement is legal and protects you from the things that matter.  No need to put a bunch of items in that you can't enforce and do not matter to you and your business. 

I've always found in my thirty years in franchise PR, that an employee that is gone should be gone.  In other words, even if they seemed ideal, if they can be stolen, they shouldn't be in your shop. If you've let them go and they end up at a competitor, well that's his/her new headache, and no longer yours.  You know why you terminated them. Let your competitor find out too!

Then there is the matter in our case of clients stealing employees. I use the word "steal" but can they really do that? It's a human being.  Is it ethical? No   Is it legal? Yes, unless you have a non-compete agreement worded properly that forbids that action.  Even then you can ask for no more than a year-long reprieve. The upside? You got rid of a client with questionable character and an easily bought, disloyal employee.

My favorite is when you have been working with a company for years; they see how well you are doing and decide to go into your industry, in our case PR, by shopping your business or your competitors' for people.  

This scenario teaches you so much about people, loyalty and business that any possible damage that can be done by the occurrence is totally exceeded by the brilliant lessons you learn from it.

In this scenario, they likely end up with all the industry misfits that couldn't make it at the competitors' shops and really, when you look at all the pieces together, what's missing is the burning passion and talent that drove you to start your own PR firm, franchise service business, restaurant chain, consulting business, whatever you have created that built a name for you to begin with.

In other words, don't sweat it. The joke's on your competitor!

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