A store employee observed a woman being physically assaulted across the street from the store. The employee grabbed a baseball bat that was kept under the checkout counter, ran outside, and succeeded in scaring off the attacker. The employee was terminated for violating store policy by leaving the workplace to assist the woman. The termination letter referred to the employee leaving his workstation while still on company time, involving himself in a situation that was “none of our business,” and exposing the store to potential liability. The employee sued.

What should the court decide? Why?