When David Jones resigned from AAA Services, an emergency restoration contractor doing

business in Utah, Nevada and Idaho, he remembered that had signed non$-$compete agreement with

the company. The non$-$compete agreement was not part of his original employment contract with

AAA; he signed it as part of a promotion package during his employment with AAA. The

agreement said that Mr$.$ Jones could not work in the field of disaster restoration for one year on any

project within $100$ miles of any of AAA$$s six offices.

Despite this, Mr$.$ Jones soon began working for one of AAA$$s direct competitors, Harvey

Restorations, as a sales manager in its emergency restoration operation. His new job brought him

into direct contact with the insurance adjusters and others with whom he had developed and

furthered relationships while employed by AAA $$ business development contacts on whom AAA

depends in its highly competitive market. You are an executive working at AAA and it is your responsibility to decide whether and how to

attempt to enforce the non$-$compete agreement, and refer the matter to the company$$s attorney.

To that end,

$1.$ Specifically define and identify the legal and public policy issues surrounding non$-$compete

agreements generally. Define any boundaries and limitations regarding non$-$compete

agreements and the various interests at play in these matters.

$2.$ Specifically detail whether and why or why not AAA$$s non$-$compete agreement with Mr$.$

Jones is enforceable. As part of that discussion, note any potential defenses Jones may have

against enforcement.

$3.$ Specifically identify the legal and equitable remedies available to AAA and what you would

like to see as a result.

$4.$ Specify what steps the business should take, if any, to enforce its non$-$compete agreement

with Mr$.$ Jones. Provide a specific plan