Running a Productive Offsite

A couple OnlyOnce readers asked me to do a post on how I run senior team offsites.  It’s a great part of our management meeting routine at Return Path, and one that Patrick Lencioni talks about extensively in Death by Meeting (review, book) – a book worth reading if you care about this topic.

My senior team has four offsites per year.  I love them.  They are, along with my Board meetings, my favorite times of the year at work.  Here’s my formula for these meetings:

–          WHY:  There are a few purposes to our offsites.  One for us is that our senior team is geographically distributed across 4 geographies at the executive level and 6 or 7 at the broader management team level.  So for us, these are the only times of the year that we are actually in the same place.  But even if we were all in one place, we’d still do them.  The main purpose of the offsite is to pull up from the day-to-day and tackle strategic issues or things that just require more uninterrupted time.  The secondary purpose is to continue to build and develop the team, both personal relationships and team dynamics.  It’s critically important to build and sustain deep relationships across the Executive Team.  We need this time in order to be a coordinated, cohesive, high trust, aligned leadership team for the company.  As the company has expanded (particularly to diverse geographies), our senior team development has become increasingly critical

–          WHO:  Every offsite includes what we call our Executive Committee, which is for the most part, my direct reports, though that group also includes a couple C/SVP titled people who don’t report directly to me but who run significant parts of the company (7-8 people total).  Two of the four offsites we also invite the broader leadership team, which is for the most part all of the people reporting into the Executive Committee (another 20 people).  That part is new as we’ve gotten bigger.  In the earlier days, it was just my staff, and maybe one or two other people as needed for specific topics

–          WHERE:  Offsites aren’t always offsite for us.  We vary location to make geography work for people.  And we try to contain costs across all of them.  So every year, probably 2 of them are actually in one of our offices or at an inexpensive nearby hotel.  Then the other 2 are at somewhat nicer places, usually one at a conference-oriented hotel and then one at a more fun resort kind of place.  Even when we are in one of our offices, we really treat it like an offsite – no other meetings, etc., and we make sure we are out together at dinner every night

–          WHEN:  4x/year at roughly equal intervals.  We used to do them right before Board meetings as partial prep for those meetings, but that got too crowded.  Now we basically do them between Board meetings.  The only timing that’s critical is the end of year session which is all about budgeting and planning for the following year.  Our general formula when it’s the smaller group is two days and at least one, maybe two dinners.  When it’s the larger group, it’s three days and at least two dinners.  For longer meetings, we try to do at least a few hours of fun activity built into the schedule so it’s not all work.

–          WHAT:  Our offsites are super rigorous.  We put our heads together to wrestle with (sometimes solve) tough business problems – from how we’re running the company, to what’s happening with our culture, to strategic problems with our products, services and operations.  The agenda for these offsites varies widely, but the format is usually pretty consistent.  I usually open every offsite with some remarks and overall themes – a mini-state-of-the-union.  Then we do some kind of “check-in” exercise either about what people want to get out of the offsite, or something more fun like an envisioning exercise, something on a whiteboard or with post-its, etc.  We always try to spend half a day on team and individual development.  Each of us reads out our key development plan items from our most recent individual 360, does a self-assessment, then the rest of the team piles on with other data and opinions, so we keep each other honest and keep the feedback flowing.  Then we have a team development plan check-in that’s the same, but about how the team is interacting.  We always have one or two major topics to discuss coming in, and each of those has an owner and materials or a discussion paper sent out a few days ahead of time.  Then we usually have a laundry list of smaller items ranging from dumb/tactical to brain-teasing that we work in between topics or over meals (every meal has an agenda!).  There’s also time at breaks for sub-group meetings and ad hoc conversations.  We do try to come up for air, but the together time is so valuable that we squeeze every drop out of it.  Some of our best “meetings” over the years have happened side-by-side on elliptical trainers in the hotel gym at 6 a.m.  We usually have a closing check-out, next steps recap type of exercise as well.

–          HOW:  Lots of our time together is just the team, but we usually have our long-time executive coach Marc Maltz from Triad Consulting  facilitate the development plan section of the meeting.

I’m sure I missed some key things here.  Team, feel free to comment and add.  Others with other experiences, please do the same!

How to Wow Your Manager

Last week, I talked about how to Wow your employees.  Now I am going to discuss the converse of that – How to Wow your Manager.  Why Wow your manager?  Even if you are senior leader in an organization, the Wow factor is still important.

What impact does a Wow have?  It sends the signal that you are on top of things.  Symbolism is important.  It also advances the cause further and faster.  Why do you want to foster Wow moments with your team?  High performing teams have a lot of Wow going on.  If all members of a team see Wow regularly, they are all inspired to do more sooner, better.

Here are my top 10 examples on how to WOW your manager, along with the intended impact:

1. Show up for every check-in with the full agenda – send it a day or more ahead (Give your manager time and space to prepare)
2.  When you are asking your manager to communicate something (an email to the team, a reference letter, etc.), draft it for him or her (Editing is much easier than creating)
3.  Do a start-stop-continue analysis once a year on all of your key activities (Make yourself as efficient and effective as possible – that’s your responsibility as much as your manager’s)
4.  Own your own development plan and check in on it at least quarterly (Those who own their own career paths progress more quickly down them)
5. Read a relevant business book and ask your manager to discuss insights with you (Staying current with best practices in your field – books, articles, blog posts, videos, mentors, lectures –  is key in a learning organization)
6.  Dress for success – even casual can be neat and “client ready” (Your presence has an impact on those around you.  There’s no reason anyone should ever have to comment on your clothes, your hair, or any aspect of your personal hygiene)
7. Respond to every email where you are on the TO line within a day, even if it’s to say you will respond longer form later (At Return Path,  you have to be in the jet stream of communications. Otherwise, you find yourself in the exhaust of the jet stream)
8. End every meaningful interaction by asking for informal feedback on how you’re doing and what else you can be doing (Again, part of being in a learning organization…and taking more tasks on is always a sign that you are ready for more responsibility)
9. Do something that’s not required but that you feel is a best practice (This shows you’re on top of your game.  One example:  I send the Board a summary, the details, and the YoY trending of all of my expenses every year.  I don’t have to, but enough CEOs out there have high profile expense problems that I decided it’s a good practice.  They all LOVE it)
10.  (If you have staff reporting into you) Show up for every check-in with  your manager with a list of all staff issues and highlights (You need to bubble things up, both good and bad, so your manager is on top of his or her overall team and (a) is never surprised by events, (b) knows how best to handle skip-level communications, and (c) can think more broadly about resource deployment across the organization)

The Best Place to Work, Part 7: Create a Thankful Atmosphere

My final installment of this long series on Creating the best place to work (no hierarchy intended by the order) is about Creating a thankful atmosphere.

What does creating a thankful atmosphere get you?  It gets you great work, in the form of people doing their all to get the job done.  We humans – all of us, absolutely including CEOs – appreciate being recognized when they do good work.  Honestly, I love what I do and would do it without any feedback, but nothing resonates with me more than a moment of thanks from someone on my exec team or my Board.  Why should anyone else in the organization be any different?

This is not about giving everyone a nod in all-hands by doing shout-outs.  That’s not sustainable as the company grows.  And not everyone does great work every week or month!  And it’s not about remembering to thank people in staff meetings, either, although that’s never bad and easier to contain and equalize.

It is about informal, regular pats on the back.  To some extent inspired by the great Ken Blanchard book Whale Done, and as I’ve written about before here, it’s about enabling the organization to be thankful, and optimizing your own thankfulness.

Years ago we created a peer award system on our company Intranet/Wiki at Return Path.  We enable Peer Recognition through this.  As of late, with about 350 employees, we probably have 30-40 of these every week.  They typically carry a $25 gift card award, although most employees tell me that they don’t care about the gift card as much as the public recognition.  Anyone can nominate anyone for one of the following awards, which are unique to us and relevant to our culture:

• EE (Everyday Excellence) -is designed for us to recognize those who demonstrate excellence and pride in their daily work.
• ABCD (Above and Beyond the Call of Duty) -is designed for us to recognize the outstanding work of our colleagues who go Above and Beyond their duties and exemplify exactly what Return Path is about
• WOOT (Working Out Of Title) -is designed for us to recognize those who offer assistance that is not part of their job responsibilities.
• OTB (On The Business)-is about pulling ourselves out of day-to-day tasks and ensuring we are continually aligned with the long-term, strategic direction of the business.  We make sure we’re not just optimizing our current tasks and processes but that we’re also thinking about whether or not we should even be doing those things.  We stop to think outside of the “box” and about the interrelationship between what we are doing and everything else in the organization.  In doing so, we connect the leaves, the branches, the trunk, the roots and soil of the tree to the hundreds of other trees in the forest.  We step back to look at the big picture
• TLAO ( Think Like An Owner)-means that every one of us holds a piece of the Company’s future and is empowered to use good judgment and act on behalf of Return Path.  In our day-to-day jobs we take personal responsibility for our products, services and interactions.  We spend like it’s our own money and we think ahead.  We are trusted to handle situations like we own the business because we are smart people who do the right thing.  We notice the things happening around us that aren’t in our day-to-day and take action as needed even if we’re not directly responsible
• Blue Light Special  is designed for us to recognize anyone who comes up with a clever way to save the company money)
• Coy Joy Award is in memory of Jen Coy who was positive, optimistic and able to persevere through the most difficult of circumstances.  This award is designed to recognize individuals who exemplify the RP values and spread joy through the workplace.  This can be by going above and beyond to welcome new employees, by showing a high degree of care and consideration for another person at RP, by being a positive and uplifting influence, and/or making another person laugh-out-loud.
• Human Firewall is awarded if you catch a colleague taking extra care around security or privacy in some way, maybe a suggestion in a meeting, a feature in a product, a suggestion around policy or practice in the office.

In the early days, we read these out each week at All-Hands meetings.  Today at our scale, we announce these awards each week on the Wiki and via email.  And I and other leaders of the business regularly read the awards list to see who is doing what good work and needs to be separately thanked on top of the peer award.

Beyond institutionalizing thanks…in terms of you as an individual person, there are lots of ways to give thanks that are meaningful.  Some are about maximizing Moments of Truth.  Another thing I do from time to time is write handwritten thank you notes to people and mail them to their homes, not to work.  But there are lots of ways to spend the time and mental energy to appreciate individuals in your company in ways that are genuine and will be noticed and appreciated.  To some extent, this paragraph (maybe this whole post) could be labeled “It’s the little things.”

That’s it for this series…again, the final roundup for the full series of Creating the Best Place to Work is here and individual posts are here:

1. Surround yourself with the best and brightest
2. Create an environment of trust
3. Manage yourself very, very well
4. Be the consummate host
5. Be the ultimate enabler
6. Let people be people
7. Create a thankful atmosphere

Anyone have any other techniques I should write about for Creating the Best Place to Work?

What Kind of Entrepreneur Are You?

I think there are two kinds of entrepreneurs, and sometimes, you can be both.  There is the kind that starts businesses, and there is the kind that builds businesses.

The kind of entrepreneur who starts businesses but usually doesn’t like running or building them are typically serial entrepreneurs.  How can you spot one?  They:

• Have an idea a minute and a bit of ADD – they are attracted to bright shiny objects – they can’t focus
  • Would rather generate 1 good and idea and 19 bad ones than just 1 good one
  • Are always thinking about the next thing, only excited by the possibility of what could be, not by what is
  • Are more philosophical and theoretical than practical
  • Probably shouldn’t run businesses for more than a few months
  • Are likely to frustrate everyone around them and get bored themselves
  • Are really fun at cocktail parties
  • Say things like “I thought of auctions online way before eBay!”

The second kind of entrepreneur is the kind of person who can run businesses but may or may not come up with the idea.  Typically, these people:

• Care about success, not about having the idea
• Love to make things work
• Would rather generate 1 idea and execute it well than 2 ideas
• Are problem solvers
• Are great with people
• May be less fun at cocktail parties, but you’d want them on your team in a game of paintball or laser tag

It’s the rare one who can do both of these things well.  But you know them when you see them.  Think Dell or Microsoft…or even Apple in a roundabout way if you consider the fact that Jobs hired Cook (and others) to partner with them to run the business.

Must-Read New Blog

I’ve talked about Why I Love My Board a few times in the past.  I was reminded at my quarterly Board meeting and dinner this week that it’s a great and unusually strong group, and we’re lucky to have them.  Fred and Brad have both been prolific bloggers for years,and I know many of you follow their blogs closely.  Think of that as getting a taste of the input and wisdom you’d get by having them on your Board.

In a very exciting development, one of my independent directors, Scott Weiss, has now started blogging on the Andreessen-Horowitz platform.  Scott is probably our most outspoken and colorful director (and that’s saying something).  Scott just joined Andreessen-Horowitz as a partner in their fund, so he now a VC, but his experience as an operator both at Hotmail in Internet 1.0 and then at Ironport have been incredibly valuable for me as an entrepreneur, and I expect most of his posts to focus on the entrepreneur’s perspective.

Two of Scott’s first three posts, Looking Bigger and Ridiculously Transparent, are perfect examples of the value I’ve gotten out of my six year relationship with Scott as a Board member.  If you want a taste of what it would be like to have him in your corner…subscribe to his blog!

The Direct Marketing Association (DMA) has long been a leading voice for direct marketing for nearly 100 years – back when direct marketing was really only about postal. It has evolved in that time to include phone, fax (for the nanosecond that was relevant), and then interactive tactics, including email. While the DMA has not always incorporated the new technologies in the most elegant way – the tendency has been to apply previous best practices, even when consumers have demanded a new way of thinking – the organization has made tremendous strides in recent years to re-shape itself into an organization that will be relevant for another 100 years.

And one way it is doing that is by supporting and recognizing achievements among start-ups and new ventures, they’ve announced a new award called the Early Stage Innovation Award.

As a DMA Board member and mentor of TechStars/SeedCamp companies, I am happy to see my two interests coming together in this way. Return Path’s own history of innovation and supporting new companies that are at the leading edge of the progress of direct marketing (including email) is well documented.

I’ve said that marketing is like eating French fries (and ice cream— I like snack-based analogies) and it’s hard to know when to stop grabbing for just one more. There’s always one more thing you can do to position your company and gain awareness. But I can give you a tip. This award? It’s a fry worth eating.

Awards don’t just make you feel you great; they can provide credibility in a crowded marketplace. What’s important about this Early Stage Innovation award is the exposure. Being industry-acknowledged as a company that makes new rules or changes the game? That’s the kind of ROI and opportunity that a growing company can really run with.

The other thing I love about awards and the shows where they are presented is the chance to learn about what’s new and interesting. Attending these shows helps link me to companies who may be creating tools that I didn’t even realize I was lacking and may not have heard about otherwise. I get the opportunity to learn more about problems other companies may be facing as well as seeing the solutions being proposed. For a smaller, new company, this chance to connect may lead to the support they need to grow and eventually be eligible for accolades in growth and long-term success.

If your young company is doing something new and innovative in direct marketing, consider submitting for an award. But hurry! Entries are due by May 15. Finalists will be selected and showcased during our ALL FOR ONE Marketing Summit June 20-21 in New York NY. I’m looking forward to hearing about these exciting new companies at the Summit.

Return Path Core Values

At Return Path, we have a list of 13 core values that was carefully cultivated and written by a committee of the whole (literally, every employee was involved) about 3 years ago.

I love our values, and I think they serve us incredibly well — both for what they are, and for documenting them and discussing them publicly.  So I’ve decided to publish a blog post about each one (not in order, and not to the exclusion of other blog posts) over the next few months.  I’ll probably do one every other week through the end of the year.  The first one will come in a few minutes.

To whet your appetite, here’s the full list of values:

1. We believe that people come first
2. We believe in doing the right thing
3. We solve problems together and always present problems with potential solutions or paths to solutions
4. We believe in keeping the commitments we make, and communicate obsessively when we can’t
5. We don’t want you to be embarrassed if you make a mistake; communicate about them and learn from them
6. We believe in being transparent and direct
7. We challenge complacency, mediocrity, and decisions that don’t make sense
8. We value execution and results, not effort on its own
9. We are serious and passionate about our job and positive and light-hearted about our day
10. We are obsessively kind to and respectful of each other
11. We realize that people work to live, not live to work
12. We are all owners in the business and think of our employment at the company as a two-way street
13. We believe inboxes should only contain messages that are relevant, trusted, and safe

Do these sound like Motherhood and Apple Pie?  Yes.  Do I worry when I publish them like this that people will remind me that Enron’s number one value was Integrity?  Totally.  But am I proud of my company, and do I feel like we live these every day…and that that’s one of the things that gives us massive competitive advantage in life?  Absolutely!  In truth, some of these are more aspirational than others, but they’re written as strong action verbs, not with “we will try to” mushiness.

I will start a tag for my tag cloud today called Return Path core values.  There won’t be much in it today, but there will be soon!

Book Short:  Vive La Difference

Brain Sex, by Anne Moir and David Jessell, was a fascinating read that I finished recently.  I will caveat this post up front that the book was published in 1989, so one thing I’m not sure of is whether there’s been more recent research that contradicts any of the book’s conclusions.  I will also caveat that this is a complex topic with many different schools of thought based on varying research, and this book short should serve as a starting point for a dialog, not an end point.

That said, the book was a very interesting read about how our brains develop (a lot happens in utero), and about how men’s and women’s brains are hard wired differently as a result.  Here are a few excerpts from the book that pretty much sum it up (more on the applied side than the theoretical):

• Men tend to be preoccupied with things, theories, and power…women tend to be more concerned with people, morality, and relationships
• Women continue to perceive the world in interpersonal terms and personalize the objective world in a way men do not.  Notwithstanding occupational achievements, they tend to esteem themselves only insofar as they are esteemed by those they love and respect.  By contrast, the bias of the adult male brain expresses itself in high motivation, competition, single-mindedness, risk-taking, aggression, preoccupation with dominance, hierarchy, and the politics of power, the constant measurement and competition of success itself, the paramountcy of winning
• Women will be more sensitive than men to sound, smell, taste, and touch.  Women pick up nuances of voice and music more readily, and girls acquire the skills of language, fluency, and memory earlier than boys.  Females are more sensitive to the social and personal context, are more adept at tuning to peripheral information contained in expression and gesture, and process sensory and verbal information faster.  They are less rule-bound than men
• Men are better at the kills that require spatial ability.  They are more aggressive, competitive, and self-assertive.  They need the hierarchy and the rules, for without them they would be unable to tell if they were top or not – and that is of vital importance to most men

As I said up front, this book, and by extension this post, runs the risk of overgeneralizing a complex question.  There are clearly many women who are more competitive than men and outpace them at jobs requiring spatial skills, and men who are language rock stars and quite perceptive.

But what I found most interesting as a conclusion from the book is the notion that there are elements of our brains are hard wired differently, usually along gender lines as a result of hormones developed and present when we are in utero.  The authors’ conclusion — and one that I share as it’s applied to life in general and the workplace in particular — is that people should “celebrate the difference” and learn how to harness its power rather than ignore or fight it.

Thanks to David Sieh, our VP Engineering, for giving me this book.

A friend of mine just left his job as CEO of a growth stage company to become CFO of a Fortune 500 company.  That’s a big deal…and also a big change.  When I was talking to him about the move, he said the following to me:

Some executive teams are like baseball teams.  You play shortstop, and you bat 8th.  That’s just what you do.  The team needs one of those because the sport is structured that way.  The CEO of my new company likes to run his executive team as a basketball team.  Everyone has a position, but everyone also has to be capable of doing everything on the court well – shooting, blocking, rebounding, passing – and is expected to go after the ball any time it’s nearby.

It’s one thing to say that of a Fortune 200 company, because you have the luxury of doing anything you want in terms of staffing at those levels.  My friend, who is financially oriented for sure, can be CFO of a company of that size because they probably have a strong Chief Accounting Officer.  But how does that dialog apply to startups?  Should you run a baseball team?  A basketball team?  Does it matter?  Can you switch between the two?

My take is that early stage startups need to be more like basketball teams.  You just don’t have enough people to get everything done unless you all take things off each others’ plates.  And you certainly don’t want to be siloed early on in a company’s life as you’re trying to find product-market fit and get those first customers on board.  Your CTO needs to be in front of customers in sales pitches.  Your CFO needs to run customer service and other staff functions.  Everyone needs to pitch in on strategy.

As companies grow, I think they need to become more like baseball teams because larger organizations require levels of specialized knowledge that you don’t often find in startup leaders (though you certainly can, especially as the world becomes more startup-oriented) if they are to survive and scale.  You need a CFO capable of putting in place more complex systems and controls.  You need a head of Sales who knows how to manage a more disciplined pipeline and sales power-driven machine, not just someone who is a fantastic closer of big deals.

At the larger sizes (well below the Fortune 500 level), you can afford to have more of a basketball team again.  You want people with areas of specialization, but you also just want great athletes, and you can have some of the more technical expertise working at the next couple levels down.

There are two challenges this metaphor raises for scaling businesses.  The first one is making your baseball team AS MUCH LIKE A BASKETBALL TEAM AS POSSIBLE when you’re in that mode.  Why?  I love baseball more than most as a sport, but executive teams of companies at any size need strategic thinkers and interdisciplinary, cross-functional work as much as possible.

And that leads to my second challenge with the metaphor, which is that you don’t want to swap out your executive team multiple times in a rapidly scaling business if you don’t have to.  So this begs the question – can you turn a great specialist into a great generalist and vice versa?  We have gone through transitions this past few years at Return Path from a functional structure to a business unit structure and back (sort of).  My take in the end is that it’s easier to turn a specialist into a generalist than to turn a generalist into a specialist.  You can interview for this.  There are great specialists in every discipline who are capable of being generalist thinkers.  But it’s really tough to take someone without proper training and experience in some disciplines and make them a specialist.  Not impossible (although in some disciplines it actually is impossible – think about General Counsel), but difficult.

Book Short – Blink part III – Undo?

I just finished reading Michael Lewis’s The Undoing Project: A Friendship That Changed Our Minds, and honestly, I wish I could hit Life’s Undo button and reclaim those hours.  I love Michael Lewis, and he’s one of those authors where if he writes it, I will read it.  But this one wasn’t really worth it for me.

Having said that, I think if you haven’t already read both Malcolm Gladwell’s Blink (review, buy) and Daniel Kahneman’s Thinking, Fast and Slow (review, buy), then it might be worth it.  But having read those two books, The Undoing Project had too much overlap and not enough “underlap” (to quote my friend Tom Bartel) – that is, not enough new stuff of substance for me.  The book mostly went into the personal relationship between two academic thinkers, Daniel Kahneman and Amos Tversky.  It also touched on some of the highlights of their work, which, while coming out of the field of psychology, won them a Nobel prize in Economics for illuminating some of the underlying mechanics of how we make decisions.

The two most interesting pieces of their work to me, which are related in the book, are:

First, that human decision-making is incredibly nuanced and complex, and that at least 25% of the time, the transitive property doesn’t apply.  For example, I may prefer coffee to tea, and I may prefer tea to hot chocolate, but that doesn’t necessarily mean I prefer coffee to hot chocolate.

From the book, “When faced with complex multidimensional alternatives, such as job offers, gambles or [political] candidates, it is extremely difficult to utilize properly all the available information.” It wasn’t that people actually preferred A to B and B to C and then turned around and preferred C to A. It was that it was sometimes very hard to understand the differences. Amos didn’t think that the real world was as likely to fool people into contradicting themselves as were the experiments he had designed.  And the choice created its own context: Different features might assume greater prominence in the mind when the coffee was being compared to tea (caffeine) than when it was being compared to hot chocolate (sugar). And what was true of drinks might also be true of people, and ideas, and emotions. The idea was interesting: When people make decisions, they are also making judgments about similarity, between some object in the real world and what they ideally want. They make these judgments by, in effect, counting up the features they notice. And as the noticeability of features can be manipulated by the way they are highlighted, the sense of how similar two things are might also be manipulated.”

Second, what Kahneman and Tversky called Prospect Theory, which is basically that humans are more motivated by the fear of loss as opposed to the greed of gain.  I’ve written about the “Fear/Greed Continuum” of my former boss from many years ago before.  I’m not sure he knew about Kahneman and Tversky’s work when he came up with that construct, and I certainly didn’t know about it when I first blogged about it years ago.  Do this experiment – ask someone both of these questions:  Would you rather be handed $500 or have a 50% chance of winning $1,000 and a 50% of getting nothing?  Then, Would you rather hand me $500 or have a 50% chance of owing me $1,000 and a 50% chance of owing me nothing?  Most of the time, the answers are not the same.

For fun, I tried this out on my kids and re-proved Prospect Theory, just in case anyone was worried about it.

Anyway, bottom line on this book – read it if you haven’t ready those other two books, skip it if you have, maybe skim it if you’ve read one of them!

I love that the FTC just banned non-competes, as everyone expected they would. Normally, I’m in favor of small government and fewer regulations, but this is one where I think the government has a legitimate interest in setting up guardrails to a free market.

We started off at Return Path years ago with a standard and fairly benign non-compete because they were standard. But once California banned them and then we started doing business internationally in countries where they were illegal or not customary, we realized it was unfair to treat some employees different than others, so we got rid of them entirely and reverted to the common denominator. We don’t have them at Bolster.

Restricting employees in terms of where they can go work when they leave you is unfair and immoral, in my view. Just because you train an employee and invest in them doesn’t mean you own them. That investment was an exchange for the work that person did for you. There is no such thing as indentured servitude in this country. If you want to keep your employees from leaving you, treat them well and pay them well.

The pendulum has swung way too far on this one, and it was high time for a correction. When the Wall Street Journal says that “Sales staff, engineers, doctors and salon workers are among the most common types of workers affected by litigation of noncompete clauses…in 2022” that makes me sick to my stomach.

Making sure former employees can’t specifically harm you after they leave is a different story.

Some restrictive covenants for a limited period of time for former employees are totally fair. Customer and employee non-solicits for a year – no problem. Non-disclosure of confidential information, trade secrets, and know-how – gotcha. But “you can’t go work at that company because they compete with us” doesn’t work for me.

There are some limited circumstances where non-competes are fair, moral, and make sense. They are more or less relegated to very senior and/or highly specialized people who make a ton of money and large equity stakes in companies who can’t to go to competitor and perform any job at their level without pulling over customer relationships, employee relationships, and know-how and trade secrets. That’s why people at hedge funds and investment banks have “garden leave” where the incoming firm has to pay them to sit on the sidelines for a year before joining. Hopefully those exclusions will remain allowable when all is said and done here.

But by and large, I say good riddance to non-competes. They’re about as American as the metric system and hereditary dictatorships.