instruction:
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. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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amount and terms of the deductions ..." In case of any failure to pay wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs and reasonable attorney's fees as the court may allow. 41-10-80(C). The South Carolina Supreme Court has interpreted this treble damages provision to mean that the decision to award the penalty of treble damages is discretionary, and the penalty should not be imposed "if there is a good faith dispute over wages allegedly due." Rice, 456 S.E.2d at 383. Fruehauf asks us to extend the requirement that there be a bona fide, good faith wage dispute to require that Wall show that Fruehauf willf 335 S.C. 598, 518 S.E.2d 591 (1999) (<HOLDING>); O'Neal v. Intermedical Hospital of South
Holding statements: (A) recognizing that an attorney has a duty of loyalty to his client (B) holding that the lack of a confidentiality agreement does not necessarily defeat an argument that information is a trade secret because where an employee acquires during the course of his employment a special technique or process developed by his employer he is under a duty not to use it to the detriment of his employer (C) holding that an attorney who breaches a fiduciary duty to a client forfeits his right to compensation without any requirement that the client prove actual harm (D) holding that an employee who breaches the duty of loyalty to his employer forfeits his right to compensation and creates a good faith dispute over the payment of his wages by virtue of his bad behavior (E) holding that when an employee is injured by his employers tortious conduct his employer owes him damages and compensation under the act
answer:
recognizing that an attorney has a duty of loyalty to his client

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the evidence of Robertson's alleged prior threat to his ex-wife as Williams rule evidence, the State cannot rely on the law of impeachment to introduce the same evidence through the back door by asking an impermissible question regarding an alleged prior crime. Finally, we address whether the admission of this collateral-crime evidence constitutes reversible error. This Court has held that the erroneous admission of irrelevant collateral crimes evidence "is presumed harmful error because of the danger that a jury will take the bad character or propensity to crime thus demon strated as evidence of guilt of the crime charged." Castro v. State, 547 So.2d 111, 115 (Fla.1989) (quoting Straight v. State, 397 So.2d 903, 908 (Fla.1981)); accord Czubak v. State, 570 So.2d 925, 928 (Fla.1990) (<HOLDING>). In this case, given the highly inflammatory
Holding statements: (A) holding that a district court may not rely on a charging document without first establishing that the crime charged was the same crime for which the defendant was convicted (B) holding that counsel did not admit the defendant was guilty of a crime when counsel noted that if the evidence established the commission of any crime that crime was voluntary manslaughter not murder (C) holding that where court informed jurors that the defendant had escaped from custody the trial judge acted within his judicial capacity and did not testify (D) holding collateral crime evidence that defendant was an escaped convict was presumptively harmful (E) holding it is fundamental error to convict a defendant of crime not charged and which is not a lesser included offense of the charged crime
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holding that a district court may not rely on a charging document without first establishing that the crime charged was the same crime for which the defendant was convicted

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adverse treatment that in the circumstances might well dissuade a reasonable person from engaging in protected activity. EEOC Enforcement Guidance II B.2. I would also agree with Burlington Northern, the EEOC, and the better reasoned caselaw that the determination of whether a plaintiff has introduced evidence sufficient to establish a material adverse action is fact specific and will, in most cases, generate a jury question. Of course, petty incidents in isolation do not suffice to show a materially adverse impact, but determining what is so petty that it would not deter a reasonable person from utilizing complaint procedures is usually best decided by a diverse jury with a mix of real world experience rather than by the court. Cf. Bell v. Johnson, 308 F.3d 594, 603-05 (6th Cir. 2002) (<HOLDING>); Gallagher v. Delaney, 139 F.3d 338, 342 (2d
Holding statements: (A) holding that retaliatory discharge is a clearly established first amendment violation (B) holding that the court of claims did not have jurisdiction over plaintiffs first amendment claim of improper removal (C) recognizing the tort of retaliatory discharge (D) holding that retaliatory discharge based solely on protected speech by ones spouse is actionable under the first amendment (E) holding unless claimed retaliatory action is truly inconse quential the plaintiffs first amendment claim should go to the jury
answer:
holding that retaliatory discharge is a clearly established first amendment violation