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Lawsuits, Settlements & Other Legal News

District Court Finds That an Employee May be Lawfully Terminated for Misconduct Caused by a Disability

March 13, 2013
Source: Lexology

In this important decision, summary judgment was granted in Morgan Stanley's favor on Mr. Foley's two disability discrimination claims -- under the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act (FCRA). Mr. Foley, an at-will employee, was terminated from his employment at Morgan Stanley after he removed the central processing unit (including the hard drive) from his office computer without authorization, took it from the premises, and was not truthful to Morgan Stanley about having done so for several days thereafter. Mr. Foley’s actions violated Morgan Stanley’s policies and procedures, including those that barred employees from removing “trade secrets” of the company, as specifically defined to include “computer software or hardware for use in computer or word processing equipment.”

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