In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.

[EX Q]: give several reasons for their decision to terminate the plaintiff; namely, that he was over-extended, refused to delegate work, failed to share information, had poor people management skills, and treated 010 employees in an abusive manner. As the “proverbial straw that broke the camel’s back,” defendants also point to, and plaintiff concedes, his use of profanities and abusive language during the phone conversation with Clark. (Doc. 41 at 25.) Defendants were concerned that plaintiffs behavior would result in a lawsuit by Clark or potentially lawsuits by other employees. An employee’s inappropriate behavior toward other employees is a legitimate business reason for termination in the context of a close corporation. See Priebe v. O’Malley, 89 Ohio App.3d 8, 12, 623 N.E.2d 573 (1993) (<HOLDING>). The record demonstrates that defendants acted 
 Holding statements: (A) holding that unless a shareholder can show personal cause of action and personal injury claims for fraud and breach of fiduciary duty belong to the corporation and not the shareholder (B) holding that shareholder could not prevail on breachoffiduciaryduty claim against other shareholder because alleged mishandling of funds did not result in any injury to the corporation (C) holding that majority shareholders had legitimate business reasons for terminating a shareholder which included the reason that the shareholder was not working well with other employees (D) holding that sole shareholder could recover on behalf of company but not in individual capacity for former shareholder and officers misappropriation of corporate assets (E) holding that corporate officer and majority shareholder could be held liable for acting in a manner that served his interests at the expense of the other shareholders because his interests and the corporations were not necessarily aligned
[EX A]: (C)

[EX Q]: industry is constitutional.” Reply [# 29] at 3. Defendants maintain that “the Court may not rely on a federal regulation (9 C.F.R. § 2.126) or on the Guide to conclude that the Fourth Amendment right at issue is clearly established.” Id. at 4 (emphasis in original). Defendants further argue that even if the Court considered the regulation and the Guide, they do not limit the APHIS’ powers of inspection or set policy. Id. at 5. As an initial matter, the Court agrees with Plaintiffs that they are not challenging the statutory scheme governing the USDA’s warrantless searches, but rather are challenging the application of that statutory scheme by the Inspector Defendants on May 7, 2013 at Big Cats. See, e.g., LeSueur-Richmond Slate Corp. v. Fehrer, 666 F.3d 261, 268-69 (4th Cir.2012) (<HOLDING>). In LeSueur, the Fourth Circuit closely 
 Holding statements: (A) holding that the fourth amendment protects property as well as privacy (B) holding that under the fourth amendment a party may challenge both the constitutionality of the act permitting warrantless searches as well as the conduct of the government officials in a particular case (C) holding that government employers may conduct warrantless workrelated searches of employees offices without probable cause (D) holding a person may consent to warrantless searches as a condition of a suspended sentence (E) holding there is no requirement that the government obtains a warrant at the first moment probable cause exists  the touchstone for determining the constitutionality of warrantless searches is one of reasonableness under the circumstances
[EX A]: (B)

[EX Q]: We distinguished Peck from Al-Hellou, noting that in Peck, the school hired the teacher specifically to work with young people, the teacher’s contact with the victim occurred on work premises, and the contact occurred precisely because “both the employee and the victim were required to be on the work premises.” Id. at 149-50 (citing Peck, 65 Wn. App. at 287). ¶49 We determined that, unlike the employer in Peck, Al-Hellou’s employer was not liable for the employee’s misconduct because (1) the employer did not hire Al-Hellou to work with people; (2) the rape did not occur on the work premises; and (3) “the job duties did not facilitate or enable Al-Hellou to commit the rape” when the victim, who did not live at the apartment building, happened to meet Al-Hellou there. Id. at 149-50 (<HOLDING>). In reaching this conclusion, we noted that 
 Holding statements: (A) holding that an employer owes a duty to foreseeable victims to prevent the tasks premises or instrumentalities entrusted to an employee from endangering others (B) holding that criminal conduct on premises was not foreseeable (C) holding a business owes a duty to protect invitees from reasonably foreseeable harm by third persons (D) holding that an agent owes a fiduciary duty to his principal (E) holding that the employer remains liable with respect to the duty regardless of the acts or omissions of the person entrusted to perform it
[EX A]:
(A)