Disability doesn’t excuse misconduct; court upholds firing
A welcome dose of common sense in a crazy ADA environment: A federal court has ruled that a disabled employee can legally be fired for misconduct — even if that misconduct was caused by the disability.
A quick look at the case:
Ryan Foley was a financial advisor for Morgan Stanley in Florida. The company had strict rules about protecting its data on company computers, including a ban on removing equipment from its office. Foley had read the rules in his employee handbook and signed off on them.
Nonetheless, he removed the central processing unit (including the hard drive) of his work computer and took it to the home of a friend, who wasn’t a Morgan Stanley employee. The next day, he moved another employee’s computer into his workspace.
Morgan Stanley realized that Foley’s computer was gone; security camera footage showed him leaving with the equipment. Several company employees tried to contact him to ask where the computer was; he told at least one that he didn’t have the machine and didn’t know where it was.
Some days later, Foley told the company he remembered he had taken the computer, retrieved it from his friend’s home and returned it to the office.
He was terminated that same day.
‘Thought they were spying on me’
Foley explained his bizarre behavior: He was in the midst of a psychotic episode (brought on by his bi-polar disorder) and thought the company was spying on him through his computer.
That was the first time Foley had told his employers of his bi-polar disorder.
Although he admitted having taken the computer, he said he did so on account of his disability. Therefore, Foley maintained, he was fired because of his disability.
The judge didn’t go for that argument. Foley wasn’t entitled to protection under the ADA because he had violated Morgan Stanley’s policies on protecting crucial company information.
What’s more, the judge said, Foley’s firing had no connection to his disability. Foley violated a long-standing policy designed to help keep the company’s data secure, an offense that warranted termination. Case closed.
The case is Foley v. Morgan Stanley Smith Barney.
The post Disability doesn’t excuse misconduct; court upholds firing appeared first on HR Morning.
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