A US company maintained an electronic mail system (email). The company repeatedly assured its employees that all email communications on the system would remain confidential. The company further assured its employees that it would not intercept email communications and use them for grounds for terminating or reprimanding employees. Smyth, a company employee, received emails from his supervisor over the company's email system on his home computer. Relying on the company's assurances, Smyth exchanged some blunt emails with this supervisor. One of them apparently contained a threat to kill the back-stabbing bastards, and another referred to a firm holiday party as the Jim Jones Kool-Aid affair. Later, the company retrieved or intercepted these messages and fired Smyth for what it deemed inappropriate and unprofessional comments over the email system. Smyth sued the company for wrongful discharge under the public policy theory, alleging that public policy precludes an employer for firing an employee in violation of his privacy.

Do you believe Smyth should win his lawsuit? Why or why not?