Kevin Berling, who says he suffers from anxiety, had warned his superiors at Gravity Diagnostics that he did not want to celebrate the day, explaining that it brought back bad memories related to his parents’ divorce, according to court documents.
But on August 7, 2019, during the lunch break, Berling was surprised by the greeting of “happy birthday” from several colleagues and a banner alluding to the occasion in the break room of the company, located in Kentucky ( east center).
He then went to his car, in which he claims he had a panic attack.
The next day, during a meeting with his boss and another colleague to discuss what had happened, “he verbally assaulted both of them, clenching his fists and teeth, his face red and shaking,” asking the woman to “shut up.” ”, said John Maley, a lawyer for Gravity Diagnostics, in an email to AFP.
The supervisor and the other employee present “feared for their safety,” she added, leading the company to fire Berling.
Before the incident, this man had never been sanctioned or reprimanded for his behavior.
To challenge his dismissal, Berling sued Gravity Diagnostics for “discrimination on the basis of disability,” obtaining a $150,000 compensation order in late March for lost earnings and $300,000 for 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, will file an appeal, Maley said.
“Employers, particularly in this time of workplace violence, have the right and must take immediate action, like here, to protect their employees,” he said.
The entrance US employee compensated with USD 450,000 for unwanted birthday party was first published in diary TODAY.
