Law, Business and Society 11th Edition by Tony McAdams

Exercise 38

Foley was terminated from his job as a financial advisor with Morgan Stanley after he removed and took away the central processing unit (CPU)-including the hard drive-from his office computer without authorization, and was not truthful about his actions for several days after doing so. Morgan Stanley's employment policies and procedures forbid the removal of its "trade secrets," defined as including computer software or hardware used in computers or word processors. Foley admitted he was terminated because of his misconduct but argued that his actions in taking the computer and being untruthful were caused by a manic episode of bipolar disorder. Therefore, in bringing an ADA claim against Morgan Stanley, Foley argued that the resulting termination was "because of' his disability. Decide. Explain. See Foley v. Morgan Stanley Smith Barney, 2013 U.S. Dist. LEXIS 28873 (S.D. Fla. 2013).