Employee Gets An Unwanted Surprise Birthday Party At Office, Gets A Panic Attack, Sues The Company For $450k
Birthdays at work can get awkward because the company and your colleagues might feel it’s their duty to congratulate you even though you’re not that close to them. You might not like birthday celebrations in general, especially because we still haven’t found out the secret of what to do when people sing “Happy Birthday” to you.
However, a lab technician at Gravity Diagnostics in Covington, Kevin Berling, really didn’t want his colleagues to organize any type of celebration for him, explaining that he suffers from an anxiety disorder and panic attacks. The company still threw him a party and he did indeed experience a panic attack. Kevin sued his employer, won the lawsuit and was compensated $450,000.
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A man received $450k from his company that not only threw a birthday party that caused him a panic attack but also fired him for it
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Kevin Berling started working at Gravity Diagnostics in Covington in 2018. This company had a tradition of throwing little lunch break birthday parties for employees. Knowing that, the lab technician warned his manager on August 2, 2019 not to do anything similar for him because it would cause him immense stress that would lead to a panic attack.
Panic attacks are no joke as it’s not just a mental condition, which is not pleasant in itself, but it also manifests itself in a variety of physical symptoms. Among others, the NHS lists feeling faint, nausea, chest pain, shortness of breath, a choking sensation or ringing in your ears as symptoms of the disorder. They can last from 5 minutes to 20 minutes and even an hour and are a big strain on one’s health.
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When Kevin started working at the company, he knew about the birthday parties held for employees
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While for some people, panic attacks come on with no apparent reason, Kevin knew what his trigger was and opened up about it in order to prevent it. Even though he was listened to and the manager accepted the request, she forgot to pass the information along and 5 days later, during lunch break, Kevin was greeted with a banner, a cake and birthday wishes from his colleagues.
Unsurprisingly, the event caused Kevin to have a panic attack, so he retreated to his car. What is worse, when he came to work the next day, his boss was completely insensitive towards him and blamed him for “stealing his coworkers’ joy” and “being a little girl.”
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He didn’t want to receive so much attention from his coworkers as he suffered from anxiety and panic attacks, so he told the manager about it in advance
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This attitude caused Kevin to have another panic attack. Kevin’s attorney Tony Bucher said that during the panic attack, his client was hugging himself as a method to try and calm down and his coworkers asked him to stop, but when he didn’t, they just left.
The coworkers “believed he was enraged and possibly about to get violent.” Kevin’s supervisor took away his key and asked security to not allow the employee back in.
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Bored Panda contacted Arthur LCSW to find out if panic attacks may make a person become violent and if the fears the supervisor had had any ground to it. They explained, “Panic attacks are marked by internal stress anxiety and fear. Many people experience sweaty palms racing heart some people think that they are having a heart attack though they are not. Most people do not become violent during a panic attack however panic can present in different ways for different people. If during someone’s panic they feel threatened they may try to protect themselves.”
The coworkers could have gotten the impression that Kevin might become aggressive because everyone has a different external reaction when they are having a panic attack, but Arthur LCSW doesn’t reject the possibility that “This may be due to ignorance about mental health.”
Apparently the manager failed to pass the information along and 5 days later Kevin found himself surrounded by colleagues wishing him a happy birthday
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After the incident Kevin was sent home and he never had the chance to come back because he received an email from his employer “informing him that he was being terminated because of the events of the previous week.”
Kevin sued the company for violating the Kentucky Civil Rights Act by firing him because of his disability and for not accommodating it by just not throwing him a party as he asked.
The company’s response to the accusation was that Kevin didn’t even prove his disability and they fired him not because of his condition, but because they feared the workplace wasn’t safe with him there.
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Surprise surprise, Kevin had a panic attack
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Image credits: Lindsey Turner (not the actual photo)
After a 2-day trial that took place in Kenton County and ended on March 31 of this year, the jury unanimously declared that Kevin indeed suffers from a disability and wasn’t provided a work environment that accommodated it.
The jury also awarded Kevin $450k which included “$120,000 in lost wages and benefits; $30,000 in future lost wages and benefits; and $300,000 for past, present and future mental pain and suffering, mental anguish, embarrassment, humiliation, mortification and loss of self-esteem.”
If that was not enough, he suffered another one the next day as his supervisor was very unhappy about him ruining the celebration for everyone
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Panic attacks can manifest in different ways and people have different ways to cope, but the supervisor interpreted that behavior as aggression
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The story went viral all over the internet and prompted a discussion about mental illnesses, disorders and how they are real and not just fever dreams you can snap out of. It also brought up the topic of listening to people’s wishes, respecting their boundaries and appreciating employees for the work they do.
Many people related to Kevin and also hated being the center of attention on any occasion. Several people mentioned that these kinds of situations are what makes them love working from home and dread the day when companies force everyone to come back. Of course, online users were also glad that the court acknowledged Kevin’s suffering and gave the man a decent compensation.
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In fear of a violent outburst due to his panic attacks, Kevin was fired
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This case shows that there is still a lot of stigma surrounding mental health issues, but Arthur LCSW suggests that people who suffer from panic attacks need to seek help from a mental health professional or they can explore their options with their primary care doctor.
Regarding the workplace, the expert says that “When someone discloses a medical need including a mental health need company should do their best to make reasonable accommodations. Some companies have EAP programs where employees are allowed to receive a number of sessions with a licensed therapist that is paid for by the company.”
So he sued the company and won the case, receiving $450k as compensation
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What was your reaction when you read the story? Do you think Kevin deserved the money he received? Was the company in the right to fire him because they feared a panic attack might end with outbursts of violence? Do you consider this situation a case of disability discrimination? We would like to encourage you to have a conversation about this in the comments!
!["Karen Complains To HR About My Body, I Uno-Reverse Her Complaint, [And Now] Everyone Hates Her"](https://www.boredpanda.com/blog/wp-content/uploads/2022/12/coworker-complains-to-hr-about-womans-body-revenge-latest.jpg "\"Karen Complains To HR About My Body, I Uno-Reverse Her Complaint, [And Now] Everyone Hates Her\"")
I have a fear of spiders it's a real issue and I'm a pretty big bloke. One day at work a colleague thought it would be funny to find the biggest spider he could and put it down my shirt. He did, I freaked and hit him broke his jaw. He never stopped blaming me. How could I be so scared of a little spider he constantly whined. Phobias can be real and unpleasant.
Using phobias to torment someone is cruel.
I have a phobia of elastic. Sometimes people would think it hilarious to stretch bands in my face and watch me duck like they just threw a grenade. Thankfully I now work at both a good company and a paperless company. But it made my life hell in a previous job.
Huh, I'd never heard of this before now, but I feel similarly. I also get a similar feeling when nerf guns are pointed at me
Not only doing that to someone with a fear is bad, but also if the spider bit you could have been bad too. Some spiders fangs carry diseases, so that wouldn't be good.
Oh my god was it a real spider or a plastic one? I sincerely hope it's the latter
It sounds like it was a real one and I would likely react in a similar way.
What did he expect would happen wtf
sociopath would be how i'd describe your colleague, but that maybe the wrong term for "getting joy from other peoples pain/fear"
I think this is going to end up like the McDonalds hot coffee case, where it ends up being used as a "frivolous lawsuit" example, even though there is real merit. I've already seen several articles doing just that by not mentioning or severely downplaying the employee's anxiety disorder.
Yeah, that was my first thought when I read about it on another site, the headlines are all focusing on "man sues office for throwing him a birthday party", instead of man sues company after being fired for having a panic attack that was completely avoidable, and that he had told them how to prevent.
The Mcdonalds lady suffered 3rd degree burns. That coffee was lava. She had to have skin graphs done. That’s not frivolous when it causes that much damage. Mcdonalds tried to spin it in their favor, they should of just paid her medical bills like she asked.
Yep, the coffee lady only sued for her medical costs and legal fees, total barely topped $200k. The reason she got so much was punitive damages that the judge imposed on McDonald's for their 'callous conduct'. Because they had hundreds of complaints about the lava-hot coffee. But they refused to fix the problem which would have cost them "too much" to fix. In a fact, McD had a policy of only paying $600 for any injury. Interestingly, the $2.7M was calculated based on a percentage of the daily coffee sales for McD. So yeah, they would have been better off settling and paying the original amount.
I'm pretty sure the $2.7 was cut down because generally you're not going to give punitive damages in excess of a 2:1 ratio but i could be remembering wrong
The total was reduced (can't recall how much) and eventually McDonald's settled with the lady for ~$600K. Not millions, but still 3 times more than what she originally asked for. There's no cap on punitive damages (this might vary state by state. Definitely no cap in CA) since punitive damages is punishment for the defendant (McD) for intentional or gross negligence. Hence the original $2.7M for punitive damages. McDonald's knew of the problem (hundreds of complaints prior to the lawsuit) and chose to ignore it (intentional and negligent). This is why companies recall almost as soon as they hear of any problems with their products. I studied this case in a business law class in high school. Really interesting read.
If someone asks not to have a birthday party and one is thrown anyway, that's bad enough and for him to have a panic attack as a result of something he specifically said no to makes it wrong on so many levels. To fire him for his reaction... I'm lost for words.
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How did you manage to make the leap from being prone to panic attacks to being a potential workplace shooter? It seems to me that you are making some poorly informed assumptions.
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There's a difference between having anxiety and panic attacks and being a psychopath
First, they didn't need to let him go, second, what do you think a panic attack is if that's not one?
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You should resign immediately since you're probably going to cost your employer millions the next time an employee passes out from a heart condition. That's the mental equivalent of a panic attack, not a psychotic rage, you unmitigated douche.
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Have you been watching too many old movies? Panic attacks are hyperventilating, or shutting down, or taking some time to go into a quiet space and breathe, or like this guy, hugging yourself. Like seriously "this guys is hugging himself so he's going to hurt other people" uhhh no? Even with many disorders being incorrectly stigmatized as violent... anxiety doesn't even have that stigma. YOU are the danger to your vulnerable employees with your ableist attitude and DEEP and malicious misunderstanding of mental health conditions. You fire them because of something that would literally never hurt anyone and YOU are the one harming others. You are neither a psychiatrist nor a mental health professional of any kind, and yet you act like you have the ability to recognize who is a "potential problem" due to mental health. Get a grip! "...the reason you will probably never be a manager" - more like the reason you should never have been one.
Most of the time those of us with anxiety disorders are perfectly fine, and perfectly capable of doing our jobs. Just because there are certain situations we try to avoid because it makes us anxious doesn't mean we're likely to be workplace shooters. He informed his employers in a well thought out attempt to mitigate a dangerous situation. It is not his fault they didn't listen. And you are an idiot for making the stretch that he could be the next workplace shooter, or generally dangerous. Honestly, you are probably the person at your workplace that tries to get everyone at their workplace fired for little infractions. Also, by FEDERAL law, we are not required to disclose a disability if we have one, nor is an employer allowed to ask what the disability is if the know we have one. Anxiety is very rarely an externally violent disorder. It is more inwardly focused. Honestly, if the guy's boss had listened to him, maybe the others would never have known he had a disability.
A lot of people don't like to celebrate their birthdays, for a multitude of reasons. And him hugging himself was NOT a potentially violent action. In fact, it is the exact opposite. Hugging oneself and rocking back and forth and clenching the ears and humming or whimpering, even jittery hands and hair twisting or knee tapping are all self stimulation activities that are the brain's way of trying to focus on anything but what is making you anxious. And if you've been under therapy, you likely learn other techniques, including sensory tool kits and Journaling and conscious thought redirection, to cope with the disease. Just because we have an anxiety disorder doesn't mean we are dangerous. If you know yourself well enough, like this guy seemed to, you know your triggers, and you are also likely aware if you will or will not be able to cope with them. It is never okay to assume someone is dangerous just because they have a mental illness. If you believe that they are, you are ignorant.
I have a fear of spiders it's a real issue and I'm a pretty big bloke. One day at work a colleague thought it would be funny to find the biggest spider he could and put it down my shirt. He did, I freaked and hit him broke his jaw. He never stopped blaming me. How could I be so scared of a little spider he constantly whined. Phobias can be real and unpleasant.
Using phobias to torment someone is cruel.
I have a phobia of elastic. Sometimes people would think it hilarious to stretch bands in my face and watch me duck like they just threw a grenade. Thankfully I now work at both a good company and a paperless company. But it made my life hell in a previous job.
Huh, I'd never heard of this before now, but I feel similarly. I also get a similar feeling when nerf guns are pointed at me
Not only doing that to someone with a fear is bad, but also if the spider bit you could have been bad too. Some spiders fangs carry diseases, so that wouldn't be good.
Oh my god was it a real spider or a plastic one? I sincerely hope it's the latter
It sounds like it was a real one and I would likely react in a similar way.
What did he expect would happen wtf
sociopath would be how i'd describe your colleague, but that maybe the wrong term for "getting joy from other peoples pain/fear"
I think this is going to end up like the McDonalds hot coffee case, where it ends up being used as a "frivolous lawsuit" example, even though there is real merit. I've already seen several articles doing just that by not mentioning or severely downplaying the employee's anxiety disorder.
Yeah, that was my first thought when I read about it on another site, the headlines are all focusing on "man sues office for throwing him a birthday party", instead of man sues company after being fired for having a panic attack that was completely avoidable, and that he had told them how to prevent.
The Mcdonalds lady suffered 3rd degree burns. That coffee was lava. She had to have skin graphs done. That’s not frivolous when it causes that much damage. Mcdonalds tried to spin it in their favor, they should of just paid her medical bills like she asked.
Yep, the coffee lady only sued for her medical costs and legal fees, total barely topped $200k. The reason she got so much was punitive damages that the judge imposed on McDonald's for their 'callous conduct'. Because they had hundreds of complaints about the lava-hot coffee. But they refused to fix the problem which would have cost them "too much" to fix. In a fact, McD had a policy of only paying $600 for any injury. Interestingly, the $2.7M was calculated based on a percentage of the daily coffee sales for McD. So yeah, they would have been better off settling and paying the original amount.
I'm pretty sure the $2.7 was cut down because generally you're not going to give punitive damages in excess of a 2:1 ratio but i could be remembering wrong
The total was reduced (can't recall how much) and eventually McDonald's settled with the lady for ~$600K. Not millions, but still 3 times more than what she originally asked for. There's no cap on punitive damages (this might vary state by state. Definitely no cap in CA) since punitive damages is punishment for the defendant (McD) for intentional or gross negligence. Hence the original $2.7M for punitive damages. McDonald's knew of the problem (hundreds of complaints prior to the lawsuit) and chose to ignore it (intentional and negligent). This is why companies recall almost as soon as they hear of any problems with their products. I studied this case in a business law class in high school. Really interesting read.
If someone asks not to have a birthday party and one is thrown anyway, that's bad enough and for him to have a panic attack as a result of something he specifically said no to makes it wrong on so many levels. To fire him for his reaction... I'm lost for words.
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How did you manage to make the leap from being prone to panic attacks to being a potential workplace shooter? It seems to me that you are making some poorly informed assumptions.
This comment is hidden. Click here to view.
This comment has been deleted.
There's a difference between having anxiety and panic attacks and being a psychopath
First, they didn't need to let him go, second, what do you think a panic attack is if that's not one?
This comment is hidden. Click here to view.
This comment has been deleted.
You should resign immediately since you're probably going to cost your employer millions the next time an employee passes out from a heart condition. That's the mental equivalent of a panic attack, not a psychotic rage, you unmitigated douche.
This comment is hidden. Click here to view.
This comment has been deleted.
Have you been watching too many old movies? Panic attacks are hyperventilating, or shutting down, or taking some time to go into a quiet space and breathe, or like this guy, hugging yourself. Like seriously "this guys is hugging himself so he's going to hurt other people" uhhh no? Even with many disorders being incorrectly stigmatized as violent... anxiety doesn't even have that stigma. YOU are the danger to your vulnerable employees with your ableist attitude and DEEP and malicious misunderstanding of mental health conditions. You fire them because of something that would literally never hurt anyone and YOU are the one harming others. You are neither a psychiatrist nor a mental health professional of any kind, and yet you act like you have the ability to recognize who is a "potential problem" due to mental health. Get a grip! "...the reason you will probably never be a manager" - more like the reason you should never have been one.
Most of the time those of us with anxiety disorders are perfectly fine, and perfectly capable of doing our jobs. Just because there are certain situations we try to avoid because it makes us anxious doesn't mean we're likely to be workplace shooters. He informed his employers in a well thought out attempt to mitigate a dangerous situation. It is not his fault they didn't listen. And you are an idiot for making the stretch that he could be the next workplace shooter, or generally dangerous. Honestly, you are probably the person at your workplace that tries to get everyone at their workplace fired for little infractions. Also, by FEDERAL law, we are not required to disclose a disability if we have one, nor is an employer allowed to ask what the disability is if the know we have one. Anxiety is very rarely an externally violent disorder. It is more inwardly focused. Honestly, if the guy's boss had listened to him, maybe the others would never have known he had a disability.
A lot of people don't like to celebrate their birthdays, for a multitude of reasons. And him hugging himself was NOT a potentially violent action. In fact, it is the exact opposite. Hugging oneself and rocking back and forth and clenching the ears and humming or whimpering, even jittery hands and hair twisting or knee tapping are all self stimulation activities that are the brain's way of trying to focus on anything but what is making you anxious. And if you've been under therapy, you likely learn other techniques, including sensory tool kits and Journaling and conscious thought redirection, to cope with the disease. Just because we have an anxiety disorder doesn't mean we are dangerous. If you know yourself well enough, like this guy seemed to, you know your triggers, and you are also likely aware if you will or will not be able to cope with them. It is never okay to assume someone is dangerous just because they have a mental illness. If you believe that they are, you are ignorant.