SECURITIES AND EXCHANGE COMMISSION WASHINGTON, DC 20549 FORM 8-K CURRENT REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 Date of Report (Date of earliest event reported): November 15, 2001 ----------------- THE SERVICEMASTER COMPANY ------------------------- (Exact Name of Registrant as Specified in Its Charter) Delaware 1-14762 36-3858106 -------- ------- ---------- (State or Other Jurisdiction (Commission File (I.R.S. Employer of Incorporation or Organization) Number) Identification Number) One ServiceMaster Way, Downers Grove, Illinois 60515 ---------------------------------------------- ----- (Address of Principal Executive Offices) (Zip Code) Registrant's telephone number, including area code: (630) 271-1300 -------------- Not Applicable (Former Name or Former Address, if Changed Since Last Report) Item 5. Other Events. On November 19, 2001, The ServiceMaster Company, a Delaware corporation (the "Company"), announced that the Court of Appeals of Georgia reversed the trial court's decision in the case of Ray D. Martin v. ServiceMaster. The Court of Appeals held that Mr. Martin's claim should have been limited to breach of his employment contract. The Court of Appeals remanded the case back to the trial court for a new trial, noting that Mr. Martin was not entitled to punitive damages and that the Company's motion to dismiss the tort claims should have been granted. A copy of the press release issued by the Company on November 19, 2001 is filed as an exhibit hereto and incorporated by reference herein. Item 7. Financial Statements, Pro Forma Financial Information and Exhibits. (a) FINANCIAL STATEMENTS OF BUSINESSES ACQUIRED: Not applicable. (b) PRO FORM FINANCIAL INFORMATION: Not applicable. (c) EXHIBITS: 99.1 Press release issued by the Company on November 19, 2001. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, as amended, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. THE SERVICEMASTER COMPANY Date: November 26, 2001 By: /s/ Steven C. Preston ----------------------------------- Steven C. Preston Executive Vice President and Chief Financial Officer EXHIBIT INDEX Exhibit Number Description of Exhibit ------ ---------------------- 99.1 Press release issued by the Company on November 19, 2001.