The Kentucky man received $450,000. in lawsuit against his former employer after the company ignored him wish don’t get a birthday party.
In August 2019, Gravity Diagnostics Medical Lab ignored Kevin Beurling’s request not to celebrate his birthday due to his anxiety disorder.
According to Tony Bucher, Beurling’s attorney, Beurling spoke at a birthday party celebration to the organizer about his request not to hold a party “man who was responsible for birthdays who he spoke flat-out I forgot my request.”
As a result company hosted in celebration at which Beurling experienced panic attack.
According to Bucher, Beurling went to the car, practiced breathing techniques, had lunch, and then sent a message to his manager, upset that his request was ignored.
A person who planned partyBeurling said, “didn’t do it to be mean. She said she would [Berling’s request] and she just forgot.”
next day, according to Beurling’s lawsuit, Beurling “faced and criticized” for his reaction.
“According to my client, [his managers] began to read him the act of riots and accused him of stealing the joy of other employees,” Bucher told Link NKY.
According to the lawsuit, “this confrontation triggered another panic attack”.
Among this attack, according to Bucher, colleagues asked Beurling to stop using coping mechanisms, including self-hugging. When he didn’t, the staff went out.
Bucher said: way [they] to say that, they thought he was furious and might have been about to go berserk.”
Burling’s lawsuit stated: “According to the conclusion of this meeting and because the plaintiff had a panic attack the plaintiff was sent home from work for remainder of August 8th and 9th.
Berling apologized for panic attack. But, according to his lawsuit, three days later he received an email from the company “informing him that he was being fired because of in events of the previous week.”
According to court documents, the jury awarded Berling $450,000, including “$120,000 in loss of wages and benefits; $30,000 in future loss of wages and benefits; and $300,000 for past present and future heartache and suffering, heartache, embarrassment, humiliation, grief and loss of self-esteem”.
Kenton County Court Judge Patricia Summe said in a statement that Berling “was able to perform main functions of his job with or without reasonable accommodations” but “suffered an adverse effect at work because of this disability.
Julie Brazil, Manager operating the officer of Gravity diagnostics, said the verdict set dangerous precedent for employers and employees that, unless physical abuse occurs, any other form of of workplace violence is acceptable.
“As an employer who puts our employee safety first we have zero-tolerance policy and we stand our ground decision dismiss the plaintiff for its violation of our workplace violence policy” Brazil told Link NKY.
“My employees have become victims in in this case, not the plaintiff.
Brazil indicated that the company would appeal.
