I'm not clear on your question. Did she ask them to do business with the new company or to continue with you? That is crucial. ". . . continue to work for OUR company" is unclear.

I have worked on similar matters. Have an attorney, myself or someone else, review your documentation. However, your customer lists belong to your business, of which she was an employee, and they are proprietary, so they may be protectable even if nothing express exists in the written agreements. Have an attorney write a letter immediately, have it hand-delivered, with proof of service, explaining that you intend to sue for any damages (lost business) arising out of their misappropriation of your company's intellectual property (customer lists), punitive damages etc. as this is an intentional tort. If necessary, you can also go in to get a temporary restraining order and injunction stopping them from proceeding. Let me know if you would like my assistance executing this. I am happy to jump right on this. Do not delay, because you will lose the strength of your argument.

Best,

Daniel Bakondi, Esq.

danielbakondi@yahoo.com

415-450-0424

The Law Office of Daniel Bakondi, APLC

870 Market Street, Suite 1161

San Francisco CA 94102

http://www.danielbakondi.com

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