Is smyth entitled to reinstatement and back pay

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Reference no: EM131189450

Michael Smyth was an operations manager at Pillsbury Co., and his employment status was that of an employee at will. Smyth received certain e-mail messages at home, and he replied to his supervisor by e-mail. His messages contained some provocative language including the phrase ?okill the backstabbing bastards??

and a reference to an upcoming company party as the ?oJim Jones Koolaid affair.??

Later, Smyth was given two weeks' notice of his termination, and he was told that his e-mail remarks were inappropriate and unprofessional. Smyth believes that he is the victim of invasion of privacy because the e-mail messages caused his termination, and the company had promised that e-mail communications would not be intercepted and used as a basis for discipline or discharge.

The company denies that it intercepted the e-mail messages and points out that Smyth himself sent the unprofessional comments to his supervisor.

Is Smyth entitled to reinstatement and back pay because of the invasion of privacy?

Reference no: EM131189450

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