I have an employee who wrote a letter to a customer in which he speaks with malice of the owner of the company and offers like services at a significant saving to the client. That this behavior is inappropriate is not in question. What I would like to know is there any way to protect ourselves (the employer) from this employee's determination to "steal" the work from us at termination? We currently do not have a non-compete agreement as part of our company policy.

Rita Risser replies:

There are common law responsibilities employees have to their employers that can be enforced in court through restraining orders. For example, the employee has a duty of loyalty, a duty to protect employer proprietary information, and a duty not to interfere with the business of the employer. It is also illegal for the employee to defame the owner of the company. A local attorney can obtain a restraining order before you terminate the employee. Good luck.