After just six months of employment at a pharmacy, working as a pharmacist, an employee is terminated for unspecified reasons. The employee signed a non-compete agreement with the employer as part of the hiring package. The NCA states the employee may not work as a pharmacist, for a competitor within 35 miles of the store, for 1 year following separation from employment. The employee finds another job as a pharmacist with a competitor in the same city roughly 5 miles away. The first employer sues the employee for breach of contract and seeks to enforce the NCA. What recourse does the employee have?