Don and Phil worked as sales reps for a national baking company (company). Last month, they failed to meet their quotas and were reprimanded by their supervisors. The night of the reprimand, at home, they engaged in a series of e-mail exchanges using company email. In the emails, they referred to their supervisors as "back-stabbing bastards" and made references to the upcoming company summer picnic as the "Jim Jones Koolaid" affair. Company found out about these emails and promptly fired both. Company had a policy that stated it would not intercept employee email or use it against employees.

Issue: if Don and Phil sue company for common law invasion of privacy, will they prevail?