[THE BIG QUESTION]
Parting Company When an important partner decides to leave a company, managing the transition is no easy task. Find insights about bouncing back and moving on after the departure of essential staff. BY: STEPHANIE TOWNE BENOIT
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allow that to take control and think ‘Oh my gosh, how will we ever recover from this?’” he says. “Well, I chose a different approach. I chose ‘OK, let’s figure out what we need to do, how we can do it better than we did and how we can move forward.’ Take the optimistic viewpoint on it and say we will be better as a firm for it and so will they.”
LEGAL LOWDOWN Mary Clapp, Managing Member of Clapp Business Law, LLC, discusses the basics of noncompete agreements.
CONSIDER THE EMPLOYEE.
Noncompete agreements are suitable if the employee will have access to proprietary information or be significantly involved with customer relationships.
STATE THE PURPOSES.
Clearly stating what you’re seeking to protect in the agreement helps prevent disputes should you seek to enforce the provisions.
SET REASONABLE LIMITS.
“Missouri will only enforce non-competition agreements when they are no more restrictive than necessary to protect the legitimate interests of the employer,” Clapp says. Excessively long or geographically broad restrictions won’t fly.
ILLUSTRATION COURTESY SHUTTERSTOCK; PHOTO COURTESY BOB HELM
hen business partnerships form, the natural intent is that they last for years to come. “It’s like getting married when you become a partner,” says Bob Helm says the firm’s partnership agreement Helm, managing partner of Elliott, Robinson served as that blueprint, though it wasn’t & Company, LLP. But whether for reasons necessary to refer to it often. philosophical, personal or otherwise, those Another priority is communicating the working relationships might come to an end. situation to the rest of the staff. Helm did so When that happens, an organization faces a by calling a company-wide meeting right away challenging transition and a future without a to address the departure. “This is where you staffer once considered vital. have to overcommunicate,” he says. “I spent a At several points throughout its history, very large part of time over the [following] four Elliott, Robinson & Company, LLP has been or five months overcommunicating.” Helm in this position, including when a founding also had one-on-one meetings for employees partner left to start new venture. Although the who had greater situation is not concerns. easy to come “TAKE THE OPTIMISTIC VIEWPOINT ON Many of to terms with, these conHelm advises IT AND SAY WE WILL BE BETTER AS A versations approaching it FIRM FOR IT AND SO WILL THEY.” focused logically and —Bob Helm, managing partner of Elliott, on deterobjectively. “It’s Robinson & Company, LLP mining how really easy, if to fill the void you allow it, left by the exiting partner. This can mean for you to get your feelings hurt,” Helm says. recruiting personnel with the right skills or “You can make it so personal and too emonurturing in-house talent so they can assume tional that you make poor decisions.” new responsibilities. “When somebody leaves, Knowing this possibility, Helm sought to there’s somebody who is saying ‘I think I can maintain a measured outlook. “It’s not a fun do that. I believe I can do that,’” he says. process to go through, but you sit down as Looking back, Helm found that a positive adults, as business people, and from there perspective was a key factor throughout the you try to figure out what are the best circumtransition. Rather than allowing departures stances,” he says. To help guide those converto dampen enthusiasm and confidence, the sations and prevent disputes, it’s important to firm focused on new possibilities. “You can have predetermined legal agreements in place.
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