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: