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?