A US company announced on Monday its intention to appeal a court decision awarding $450,000 to one of its employees who was fired shortly after having a panic attack over a birthday party he organized against his will.
Kevin Berling, who says he suffers from anxiety, had warned his boss at Gravity Diagnostics that he did not want to celebrate the day, saying he reminded him of bad memories related to his parents’ divorce, according to court documents.
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But on August 7, 2019, during the lunch break, Mr. Berling had been wished a “happy birthday” by some colleagues and spotted a banner unfurled in the company’s Kentucky restroom to mark the occasion. He then went to his car, where he allegedly had a panic attack.
A stormy meeting
The next day, during a small committee meeting, Mr Berling was “carried away, fists and teeth clenched, face red and shaking,” and begged his boss to “shut up,” described John Maley, attorney for Gravity Diagnostics, in an email to AFP.
The supervisor and other employee present “feared for their safety,” he added, leading the company to fire Kevin Berling. The latter had never been sanctioned or reprimanded for his behavior prior to the incident.
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Against his dismissal, Mr. Berling sued Gravity Diagnostics for disability discrimination and was awarded $450,000 in damages at the end of March, including $150,000 for the loss of income and $300,000 for the humiliation, loss of self-esteem and suffering caused.
The company, which denies any discrimination and says it was not informed of the employee’s anxiety issues, plans to appeal, according to Mr Maley. “Employers, particularly at this time of workplace violence, have the right and must take immediate action, like here, to protect their employees,” he said.