Case Submission 7: Smyth v. The Pillsbury Co., 914 F. Supp. 97 (E.D. Pa. 1996) The Pillsbury Company maintained an electronic mail communication system. The company repeatedly assured its employees that all e-mail communications on the system would remain confidential. Pillsbury further assured its employees that it would not intercept e-mail communications and use them as grounds for terminating or reprimanding employees. Michael Smyth, who employed by Pillsbury as a regional operations manager, received e-mails from his supervisor over Pillsbury's e-mail system on his home computer. Relying on Pillsbury's assurances, Smyth exchanged some blunt e-mails with his supervisor. One of them apparently contained a threat to "kill the back-stabbing bastards," and another seemingly referred to a firm holiday party as the "Jim Jones Kool-aid affair." Later, Pillsbury retrieved or intercepted these messages, and fired Smyth for what it deemed inappropriate and unprofessional comments over the e-mail system. Smyth sued Pillsbury for wrongful discharge under the public policy theory, alleging that public policy precludes an employer from firing an employee in violation of his privacy.

T/F

1. Michael Smyth has a reasonable expectation of privacy in a communication made to his supervisor over the firm's system stemming from the assurances his employer made; hence, the employer's interception of Smyth's e-mail is deemed to be highly offensive to a reasonably person and contrary to public policy

2. Because Smyth is an employee at will, he can be fired from his position at Pillsbury at any time with or without cause.

3. Smyth is likely entitled to overtime pay for hours worked in a week beyond 40 hours

4. ERISA does not require Pillsbury to provide Smyth with a pension or defined contribution retirement plan

5. If Smyth is injured on the job because of unsafe working conditions, he entitled to pursue a cause of action against Pillsbury for negligence, as long as his injuries are not self-inflicted.