Ultimately it comes down to deception. If an employee can do everything requested without lying, then maybe there is a defense.

This position collapses the first time someone's boss asks about workload and the employee has to lie or admit they have tons of free time.

Im sure there are unicorn cases where employees are never asked how long a task will take, or about their bandwidth for new tasks. However, in reality, the vast majority of situations require constant deception.

Most of the time the lying starts at the beginning with false employment history.