![]() ![]() Kevin was an exceptional employee that went above and beyond for his employer and if they would have taken a step back it would have been clear that he did not present any danger at all," he said in a statement. Because he suffers from anxiety and panic attacks, Berling asked the company not to celebrate his birthday, as it does for most employees. "I think the significance for employers is that they need to understand that they shouldn’t make assumptions about individuals with mental health issues. Kevin Berling worked at Gravity Diagnostics in Covington for about 10 months in 2019. Tony Bucher, an attorney for Berling, said his client posed no threat. ![]() She also said there had been an increase in incidents of workplace violence, telling the site: "My employees de-escalated the situation to get the plaintiff out of the building as quickly as possible while removing his access to the building, alerting me and sending out security reminders to ensure he could not access the building, which is exactly what they were supposed to do." Kevin Berling, who was employed at Gravity Diagnostics in Covington, US for 10 months, asked the company in 2019 to avoid celebrating his birthday due to anxiety disorders and panic attacks. Kevin Berling, 29, was working as a lab technician at Gravity Diagnostics. Gravity Diagnostics did not immediately respond to a request for comment Saturday.įounder and Chief Operating Officer Julie Brazil told the northern Kentucky news website Link NKY that Berling was terminated for violating a "workplace violence policy" and that the company stands by its decision. A Kentucky man has been awarded 450,000 after his colleagues threw him an office birthday party against his wishes. 11, he was sent a letter telling him he was being terminated "because of the events of the previous week," the lawsuit says.īerling sued, alleging disability discrimination and retaliation. But they threw him a surprise party anyway, the lawsuit says. In August 2019, he told his bosses at Gravity Diagnostics in Covington, Kentucky, that he did not want to celebrate his birthday. "At the conclusion of this meeting and because plaintiff had a panic attack, plaintiff was sent home from work for the remainder of August 8 and August 9." Kevin Berling has an anxiety disorder that gives him panic attacks, according to Kenton County court filings obtained by WKRC-TV. "This confrontation triggered another panic attack," the lawsuit says. He quickly left and finished the rest of his lunch in his car and then texted his manager, upset that the company failed to accommodate his request.Ī day after the celebration, Berling was called into a meeting where he "was confronted and criticized" for his reaction, according to the lawsuit. Berling had a panic attack, the suit says. Outcome: Plaintiff's verdict for $450,000 including $300,000 for emotional distress and $150,000 for lost wages.However, the company surprised him on his birthday with a celebration in the lunchroom. The defenses asserted by the Defendant are not available. Kevin Berling asked that his employer not celebrate his birthday and when it did anyway he suffered panic attacks and when he complained he was fired. Gravity Diagnostics, which plans to appeal. Please E-mail suggested additions, comments and/or corrections to support the publication of case reports on MoreLawĬourt: Circuit Court Kenton County, KentuckyĬlick Here to Watch How To Find A Lawyer by Kent MorlanĬlick Here For The Best Covington Employment Law Lawyer Directoryĭescription: Covington, Kentucky personal injury lawyer represented Plaintiff, who sued Defendant intentional infliction of emotion distress and wrongful termination theories. Berling ended up suing the medical testing firm Gravity Diagnostics.
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