A Kentucky man who was fired days after having a panic attack at his workplace over an unwanted birthday party was awarded $450,000 from a jury last month for lost wages and emotional distress.
The man, Kevin Berling, had been working at a medical lab, Gravity Diagnostics, in Covington, Ky., for about 10 months when he asked the office manager not to throw him a birthday party because he had an anxiety disorder, according to a lawsuit filed with the Kenton County Circuit Court in Kentucky.
Mr Berling’s lawyer Tony Bucher said the party was planned by other employees while the office manager was away and the situation quickly spiraled out of control.
mr. Berling had a panic attack after learning of the planned luncheon celebration, which contained birthday wishes from colleagues and a banner that would decorate the cafeteria. Mr. Berling chose to spend his lunch break in his car.
The next day, Mr. Berling suffered a panic attack during a meeting with two supervisors who confronted him about his “gloomy behavior,” Mr. Bucher said. Three days later, he was fired in an email that suggested Mr Berling was a threat to the safety of his colleagues.
In a lawsuit, the company said it fired Mr. Berling for being “violent” in the meeting and scaring the supervisors, who sent him home for the day, took his key fob and told security personnel he wasn’t. could bring back.
A month after the meeting, in September 2019, Mr. Berling sued the company for discrimination based on disability.
After a two-day trial period, a jury reached a verdict on March 31, which concluded that Mr Berling had suffered adverse employment action due to disability. Jurors awarded him $150,000 in lost wages and benefits and $300,000 for suffering, shame and loss of self-esteem.
The judge in the case has not yet ruled on the verdict, reports LINK nky, a local news website.
John Maley, an attorney for Gravity Diagnostics, said Saturday that the company would file post-trial motions to challenge the verdict on legal grounds, alleging that a juror had violated court orders about obtaining information outside of the trial.
Mr Maley said the case fell short of the standard for a disability claim because Mr Berling never disclosed his anxiety disorder to the company and failed to meet the legal threshold for disability eligibility.
Mr Maley said the company had the right to fire Mr Berling – a lab technician whose employment status was at will, meaning he could be fired for any legal reason – for having clenched his fists, his face was red and he had ordered his supervisors to be quiet in the meeting, frightening them.
“They were absolutely terrified of bodily harm at the time,” Julie Brazil, the founder and chief operating officer of Gravity Diagnostics, said Saturday. “They are still shocked by it today.”
Mr Bucher said the response the company described was Mr Berling’s attempt to calm himself during a panic attack after one of the supervisors criticized his response to the party.
Mr. Berling asked them to stop talking and used physical coping techniques, including a move Mr. Bucher described as having his fists closed but “around his chest, slightly boxed in, almost hugging himself.”
Mr. Berling was sent home for the rest of the working day and the following day. A few hours after the call at home, he texted one of the counselors to apologize for his panic attack, the indictment said.
Before that week, Mr. Bucher said, Mr. Berling had received “excellent” monthly reviews. The company said it had never received a negative review, according to court documents, nor had it faced any disciplinary action.
mr. Berling is happy in his new job at a school, Mr Bucher said, and although his panic attacks increased in frequency after that week in 2019, they have gradually decreased.
Anxiety disorders are the most common mental health disorder in the United States, and they affect an estimated 40 million adults in the country each year, according to the Anxiety and Depression Association of America.
Bisma Anwar, a mental health counselor for the therapy app Talkspace, said in an email that it’s a good idea for people experiencing anxiety disorders and panic attacks to discuss these issues with a supervisor at work who can be a source of support. are when the employee is having a hard time.
Ms Anwar said that anxiety at work can be the result of both work pressure and social pressure.
“Social anxiety can also be triggered in the workplace when interaction with managers and colleagues is expected,” Ms Anwar said. “If an employee feels uncomfortable and anxious about attending a birthday party in his or her honor or attending a party for others, then he or she should be able to opt out.”
