for reporting federal regulation violations to the Nuclear Regulatory Commission. The court stressed that public policy, without legislative guidance, must be determined on a case by case basis and is found in administrative rules, regulations, and judicial decisions. Smyth's privacy argument Smyth's assertion that his firing was a public policy violation was based on the court's decision in the Borse case. In Borse, the court found that, while an employer's firing of an employee for refusing to take a urinalysis test was not violating public policy under the Pennsylvania or United States' constitutions, it may have been a tortious invasion of privacy, a violation of Pennsylvania law. According to the Restatement (Second) of Torts § 652B, the tort of intrusion upon seclusion is: One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person. The Borse court added to the Restatement's standard, stating that a party would only be held liable when the "intrusion is substantial" and "highly offensive to the ordinary reasonable person." The court set forth a simple balancing test in order to determine whether the invasion of privacy was substantial and highly offensive, weighing the employer's interest in keeping the workplace drug-free against the employee's privacy interest. Borse was remanded to allow the plaintiff to amend her complaint as there appeared to be a cause of action. In Smyth, the court found that even if an employer assures its employees that emails will not be intercepted, there is not a reasonable expectation of privacy in voluntary email communication through the company email system. The court distinguished this case from Borse on the facts that the Smyth's person and personal property were not searched and he was not required by Pillsbury to disclose any personal information. The court went on to hold that, even if there was an expectation of privacy in Smyth's emails, a reasonable person would not consider their interception a substantial and highly offensive invasion of privacy. Performing the balancing test that was set out in Borse, they found that Pillsbury's interest in preventing unprofessional or illegal activity on their email system outweighed any privacy interest that Smyth might have had in his messages. Smyth's estoppel argument In a footnote, the court addressed