Over lunch, a manager at Microsoft says to another manager, "You know, just between you and me, it might not have been the worst thing in the world if the court had ordered the company to break-up. We really are too big.". The comment was overheard by another employee at the next table and passed on to higher-level managers. If the manager is fired for making the statement and she sues Microsoft,
a court would most likely rule:
a. For the employee because she would be covered under whistleblower protection laws
b. For the employee because the company would be violating her First Amendment right of free speech
c. For the employee because her speech constituted protected concerted activity under the National Labor Relations Act
d. For the employer because her statements showed disloyalty to the company, for which she could lawfully be terminated
e. For the employer because she is employed at will and none of the exceptions to employment at will apply in this case
E
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