I've seen this a number of times in this thread, and other earlier ones, and while it's totally fine to not want a copy that's unsealed, that's your own personal "head canon" belief if you think that it somehow doesn't count as new if it's not factory sealed.
If anyone has a link to the law saying that "new" means "factory sealed", I'd love to be corrected, but one's own perception of what "new" means to you is just that, a personal perception, whereas "new" is a legal definition that has nothing to do with whether there's a sheet of plastic wrapped around the game box.
All of that said, if an employee has taken the disc home, then yes, that definitely ought to legally classify as a used game.