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In an effort to provide better response time and greater advertisement, AAAAA Air, a local HVAC contractor, began allowing their service technicians to take home a company service truck. These trucks are equipped with virtually any tool a technician could need. Along with the change in policy concerning company trucks, AAAAA instituted a no-compete policy. That is, that AAAAA technicians were not to moonlight doing private jobs which would compete with AAAAA.
One weekend Jill, a service technician for AAAAA, got a call from her girlfriend, Debbie. Jill and Debbie had been friends since high school. When Debbie saw how successful Jill was at her job at AAAAA, she decided to follow Jill's example and get a degree in Air Conditioning. Debbie was far enough along in the program that she could do some repairs, but she did not have all the tools she needed. Debbie asked Jill if she could use some of the tools provided by AAAAA to do a job. Jill realized that the job Debbie was going to do would be in direct competition with AAAAA. Jill knew if she drove the truck over the Debbie's job that she might be seen and reported. She also knew that Debbie would not be covered by AAAAA's insurance so letting Debbie drive the truck was out of the question. However, she reasoned that AAAAA had not said anything about loaning the equipment that was stored inside the truck. Besides, it would not be her doing the work anyway.
1. Is there any particular problem with Debbie using equipment owned by AAAAA to do a private job?
2. What about AAAAA's no compete policy?
One weekend Jill, a service technician for AAAAA, got a call from her girlfriend, Debbie. Jill and Debbie had been friends since high school. When Debbie saw how successful Jill was at her job at AAAAA, she decided to follow Jill's example and get a degree in Air Conditioning. Debbie was far enough along in the program that she could do some repairs, but she did not have all the tools she needed. Debbie asked Jill if she could use some of the tools provided by AAAAA to do a job. Jill realized that the job Debbie was going to do would be in direct competition with AAAAA. Jill knew if she drove the truck over the Debbie's job that she might be seen and reported. She also knew that Debbie would not be covered by AAAAA's insurance so letting Debbie drive the truck was out of the question. However, she reasoned that AAAAA had not said anything about loaning the equipment that was stored inside the truck. Besides, it would not be her doing the work anyway.
1. Is there any particular problem with Debbie using equipment owned by AAAAA to do a private job?
2. What about AAAAA's no compete policy?
