With no explanation, chose the best option from "A", "B", "C" or "D". (quoting Restatement (Second) Of Agency § 217C (1957); RESTATEMENT (SECOND) Of TORTS § 909 (1979)). The Court did not establish a standard for determining when an employee is acting in a “managerial capacity” but stated that “an employee must be important, but perhaps need not be the employer’s top management, officers, or directors.” Id., at 543, 119 S.Ct. at 2128 (internal quotation marks omitted). “ ‘In making this determination, the court should review the type of authority that the employer has given to the employee, the amount of discretion that the employee has in what is done and how it is accomplished.’ ” Id. (quoting 1 L. Schlueter & K. Redden, Punitive Damages, § 4.4(B)(2)(a), p. 181 (3d ed.1995)); see also Bruso v. United Airlines, Inc., 239 F.3d 848, 860 (7th Cir.2001) (<HOLDING>); Romano v. U-Haul Int’l, 233 F.3d 655, 669-70

A: holding that fact issue raised when brown presented evidence that he was supervised by employee of his original employer and received instructions from that employee while working at union oil
B: holding that when an employee was removed from his managerial responsibilities overseeing news operations and was reassigned at the same salary to a regular news shift that he suffered a constructive discharge because he was stripped of his prior managerial functions and left with no more responsibility than the newscasters that he had previously supervised
C: holding that beeause the actions an employee takes to find work themselves cannot be evidence of their own reasonableness looking solely at the employee plaintiffs efforts to find work would convert the mitigation test into a subjective one
D: holding that a jury could find that a departmental manager who oversaw the cleaning and provisioning of planes at ohare international airport supervised numerous employees assigned work mediated disputes and investigated allegations of wrongdoing was working in a managerial capacity even though he had to seek approval from a superior prior to demoting an employee
D.