Kevin Berling wins $450,000 lawsuit after his company threw him a surprise birthday party
A KENTUCKY resident has been awarded $450,000 by a jury after he sued his company for failing to honor a simple request – not to throw him a surprise birthday party.
Kevin Berling, an employee at Gravity Diagnostics based in Covington, KY claims he told his manager he didn’t want to celebrate his birthday at work, because it would cause him undue stress.
According to the lawsuit filed, the office manager forgot his request and held the 2019 party anyway, as is customary for other employees at the business.
Berling alleges he suffers from anxiety and panic attacks, adding a party could possibly bring back uncomfortable childhood memories.
He claims the party triggered a panic attack that forced him to leave the building and finish his lunch hour in his car.
According to the suit, Berling’s bosses held a meeting the next day about the incident. He says that set off another panic attack and that his supervisors chided him for “stealing his co-workers joy,” as well as accusing him of “being a little girl.”
Workplace grievances
Berling was sent home after the meeting and three days later was fired. The business cited concerns about workplace safety.
Berling’s suit alleges Gravity Diagnostics discriminated against him based on a disability. The company has denied any wrongdoing in the case.
A jury in the case sided with plaintiff awarding him $300,000 for emotional stress. Another $120,000 was awarded for back wages and benefits, while $30,000 more was for front pay.
Berling had been with the company for about 10 months according to CBS affiliate WKRC-TV.
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The U.S. Sun reached out to Gravity Diagnostics. A spokesperson for the company says: “Plaintiff’s claim should not have proceeded to trial, should not have been given to the jury, and should be reversed post-trial or on appeal.”
The company goes on to say: “…he was an at-will employee terminated for legitimate non-discriminatory reasons. Particularly in this era of workplace violence, employers are entitled to and indeed should take prompt action, as here, to protect their employees.”
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Mr Berling’s attorney, Tony Bucher, told the BBC that there “was absolutely no evidence” that he posed a threat to anyone at Gravity that would warrant being fired.
Gravity Diagnostics says it will pursue post-trial options.
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