With no explanation, chose the best option from "A", "B", "C" or "D". documents and instruments governing the plan. Pursuant to 29 U.S.C. § 1103(c)(1), “the assets of a plan shall never inure to the benefit of any employer.” Under 29 U.S.C. § 1106(b)(1), “[a] fiduciary with respect to a plan shall not — (1) deal with the assets of the plan in his own interest or for his own account.” Defendant violated these provisions. He neither forwarded nor made an effort to cause A & S to forward deducted employee contributions to the Plan, thereby violating the documents governing the Plan and 29 U.S.C. § 1104(a)(1)(D). He also violated the law of fiduciary responsibility in failing to notify the employees that their deducted paycheck contributions had not been forwarded. See Rosen v. Hotel and Restaurant Employees & Bartenders Union, 637 F.2d 592, 600 (3d Cir.) (<HOLDING>), cert. denied, 454 U.S. 898, 102 S.Ct. 398, 70

A: holding employer cannot lawfully make the signing of an employment agreement which contains an unenforceable covenant not to compete a condition of continued employment an employers termination of an employee who refuses to sign such an agreement constitutes a wrongful termination in violation of public policy
B: holding that a trustee who fails to notify pensioners of an employers failure to make required contributions or to take action against such an employer violates fiduciary duties
C: holding that an employers contributions to an employees retirement account are not included in the calculation of a weekly wage for workers compensation purposes
D: recognizing that an employer is liable for an employees action if the employer knew or should have known about an employees acts of harassment and fails to take appropriate remedial action
B.