Man gets $450,000 after office throws him an unwanted birthday party.

[JoeB131]

Okay, this is a pretty good example of how lawsuits ARE out of control in this country. I'm usually the last person to take the side of an employer, but DAMN!

Man awarded $450,000 after panic attacks, firing following birthday party he asked company not to hold

Kevin Berling asked his company not to have the party because it would stress him out but it did, anyway. Then he suffered two panic attacks and got fired.

www.cbsnews.com

Kevin Berling told his manager at Gravity Diagnostics in Covington in 2019 that a birthday celebration would cause him immense stress.

He'd worked there for about 10 months, reports CBS Cincinnati affiliate WKRC-TV and, because he suffers from anxiety disorders and panic attacks, he requested that the company not celebrate his birthday as it normally does for its workers.

But according to the lawsuit, the office manager forgot his request and still held the party for Berling. He had a panic attack and left and spent his lunch hour in his car.

His bosses held a meeting with Berling the next day about the incident, setting off another attack when his supervisor chastised him for "stealing his co-workers'" joy and "being a little girl," the suit said. Berling was fired after the second attack. The company told him it was worried about him being angry and possibly violent.

Berling alleged in the suit that the company discriminated against him based on a disability and retaliated against him for demanding a reasonable accommodation to it.

The jury returned the verdict after a two-day trial in Kenton County that ended in late March, awarding him $300,000 for emotional distress and $150,000 in lost wages.

An attorney for the company, Katherine Kennedy, said it continues to deny liability and is pursuing its post-trial options.

Julie Brazil, the company's founder and chief operating officer, said in an email statement to the newspaper that "with ever-increasing incidents of workplace violence, this verdict sets a very dangerous precedent for employers and most importantly employees that unless physical violence actually occurs, workplace violence is acceptable."

Okay, a couple of things. First, someone this badly damaged never should have gotten past the interview process.

Secondly, it seems you are damned if you do and damned if you don't. If the guy can't get through a call to the office without a panic attack, what the hell is he doing at work.

Of course, if the lawyers don't take the entire settlement, I guess he won't have to worry about that again.

 

[occupied]

Just about the most unintentionally cruelest thing you can do to an introvert is trap them in a situation where they are the center of attention. Introverts tend to be extremely focused and productive people. The guy sounds like an emotional basket case but he was probably the best worker they had.

 

[JoeB131]

Just about the most unintentionally cruelest thing you can do to an introvert is trap them in a situation where they are the center of attention. Introverts tend to be extremely focused and productive people. The guy sounds like an emotional basket case but he was probably the best worker they had.

Perhaps... but if he can't work well with others and freaks out under minor stress, he's not very valuable.

When I was a supervisor, I had an employee who called in sick a lot. When he was in, he was very productive, but when he wasn't, we all had to work harder to cover the slack.

When he got a bad review, he was very upset and quit. We replaced him and were better off.

 

[occupied]

Perhaps... but if he can't work well with others and freaks out under minor stress, he's not very valuable.

When I was a supervisor, I had an employee who called in sick a lot. When he was in, he was very productive, but when he wasn't, we all had to work harder to cover the slack.

When he got a bad review, he was very upset and quit. We replaced him and were better off.

I don't know much about office work but compulsory socialization seems to be one of the more incomprehensible things about it. People getting paid to have a lousy office party with people they really don't want to hang out with just doesn't make sense to me.

 

[Dekster]

I am fine with the verdict because of the way they handled it the next day. But for that, would be a totally different scenario.

 

[Canon Shooter]

Perhaps... but if he can't work well with others and freaks out under minor stress, he's not very valuable.

Then again, the guy had been there for ten months, and his fellow employees thought enough about him to want to throw him a party, so I would have to believe that his employer saw value in having him as an employee.

The guy's wishes should've been respected, and I think it's bullshit he as fired. When his supervisor sat him down, it should've been to apologize as opposed to chastising him for robbing his fellow employees of their joy. That's horseshit.

When one of my employees has a birthday, we ask if they'd like to go to lunch; no big to-do. Most accept the invite, but there's the occasional employee who'd just rather not make a big deal of it, and we respect that. The employee also gets the afternoon off with pay...

 

[1srelluc]

Then again, the guy had been there for ten months, and his fellow employees thought enough about him to want to throw him a party, so I would have to believe that his employer saw value in having him as an employee.

The guy's wishes should've been respected, and I think it's bullshit he as fired. When his supervisor sat him down, it should've been to apologize as opposed to chastising him for robbing his fellow employees of their joy. That's horseshit.

When one of my employees has a birthday, we ask if they'd like to go to lunch; no big to-do. Most accept the invite, but there's the occasional employee who'd just rather not make a big deal of it, and we respect that. The employee also gets the afternoon off with pay...

A case of ass-holes colliding except one got paid.

 

[Harpy Eagle]

Perhaps... but if he can't work well with others and freaks out under minor stress, he's not very valuable.

When I was a supervisor, I had an employee who called in sick a lot. When he was in, he was very productive, but when he wasn't, we all had to work harder to cover the slack.

When he got a bad review, he was very upset and quit. We replaced him and were better off.

Depending upon what his job was him being stressed by being the center of attention could play no role in it.

We have a guy that works for us that does data entry. Odd fellow, wants nothing to do with anyone else, does not attend no mandatory functions and never really socializes with anyone even at work.

But damn does he do a great job, he puts on his headphones and just goes to town. By far the fastest data entry person I have ever seen and rarely, if ever makes a mistake.

 

[Harpy Eagle]

Okay, this is a pretty good example of how lawsuits ARE out of control in this country. I'm usually the last person to take the side of an employer, but DAMN!

I am normally the last to agree with a law suit, but I do not mind this one. He specifically said "DO NOTHING FOR MY BIRTHDAY" and they ignored him.

 

[Canon Shooter]

I am normally the last to agree with a law suit, but I do not mind this one. He specifically said "DO NOTHING FOR MY BIRTHDAY" and they ignored him.

I think a lawsuit's a bit much, but I can certainly see where the employer fucked up. Unfortunately we've turned into a society which can only see dollar signs at even a hint of the faintest slight against us. They shouldn't have thrown him the party, but suing the employer is over the top...

 

[BlackSand]

I am normally the last to agree with a law suit, but I do not mind this one. He specifically said "DO NOTHING FOR MY BIRTHDAY" and they ignored him.

.

I agree ... I would never force an employee to attend their Birthday Party.
In fact, I wouldn't have the slightest problem if they stayed right where they are and did their job.

Everyone else could have a blast enjoying whatever awesome comprehensive teambuilding event,
with the intent to develop better relationships between co-workers, that I might have planned to celebrate that employee's Birthday.

Might even bring a doggy bag back to the employee as a Birthday gift ...

.​

 

[Harpy Eagle]

I think a lawsuit's a bit much, but I can certainly see where the employer fucked up. Unfortunately we've turned into a society which can only see dollar signs at even a hint of the faintest slight against us. They shouldn't have thrown him the party, but suing the employer is over the top...

had he not been fired I would agree with you.

 

[Fang]

The mistake of throwing the party doesn't equate to a huge lawsuit if they honestly forgot IMO. However, according to the article his supervisor refereed to him as a "little girl" due to his panic attack and leaving the party. Those words right there are a lawsuit waiting to happen. But it gets worse, the guy then gets fired. As far as the guy's panic attacks, the company needs to made reasonable accommodations for his disorder. Seems like a legit lawsuit to me.

 

[DigitalDrifter]

This why I never hire people. People suck.

 

[JOSweetHeart]

I think a lawsuit's a bit much, but I can certainly see where the employer fucked up.

I could be wrong, but the guy getting fired for having the medical issue that he warned his boss and co-workers about is what drove him to his decision to sue them. They went and did what he asked them not to do and because he medically couldn't deal with what they did, their choice of action in return was to fire him? If anything, what they should have done instead of digging their hole even deeper was clean up their mess in a more considerate and respectful way towards the person whose wishes had already been squashed like a cockroach.

God bless you and him always!!!

Holly

P.S. Why couldn't they have just chipped in and got him a gift card to his favorite store or restaurant? Covering his admission to an upcoming event that he might take an interest in is another idea that they could've gone with instead.

 

[Canon Shooter]

I could be wrong, but the guy getting fired for having the medical issue that he warned his boss and co-workers about is what drove him to his decision to sue them.

Yeah, I guess I can understand that. I just wonder how else, and to what extent, the two parties tried to resolves whatever issues they were having...

 

[Canon Shooter]

This why I never hire people. People suck.

Just gotta' hire the right people...

 

[initforme]

Emoyers don't want people who are good communicators they just want you to come and be their property.

 

[JoeB131]

I don't know much about office work but compulsory socialization seems to be one of the more incomprehensible things about it. People getting paid to have a lousy office party with people they really don't want to hang out with just doesn't make sense to me.

I think it has more to do with team cohesion than anything else. I liked jobs where we did stuff like that, while the companies where we didn't were kind of a chore to work for. I think especially in this post-Covid (hopefully) world, where we spent nearly a year hiding in our homes, this kind of thing can come back.

Depending upon what his job was him being stressed by being the center of attention could play no role in it.

We have a guy that works for us that does data entry. Odd fellow, wants nothing to do with anyone else, does not attend no mandatory functions and never really socializes with anyone even at work.

But damn does he do a great job, he puts on his headphones and just goes to town. By far the fastest data entry person I have ever seen and rarely, if ever makes a mistake.

You know, it's always the quiet ones you got to worry about, though.

 

[j-mac]

Emoyers don't want people who are good communicators they just want you to come and be their property.

And you, the employee don’t benefit one little bit.