


"They made assumptions that he was dangerous based off of his disability and not off of any evidence that he was violent," he told Link NKY. "My employees were the victims in this case, not the plaintiff." "As an employer who puts our employee safety first, we have a zero-tolerance policy and we stand by our decision to terminate the plaintiff for his violation of our workplace violence policy," Brazil told Link NKY. "My employees deescalated 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," Brazil said. Link NKY reported that Gravity Diagnostics founder and COO Julie Brazil said they plan on challenging the verdict. In this photo, the gavel sits in front of House Rules Committee chairman Representative Jim McGovern during a House Rules Committee hearing on the impeachment against President Donald Trump on December 17, 2019, in Washington, D.C. "More than the financial award, I believe that my client was so happy and relieved that the jury recognized that he was not some violent and menacing person," Bucher said to Newsweek, "and that it was not okay for Gravity Diagnostics to just assume that he was without any evidence to support those misconceptions."Ī man won a lawsuit over his former company who fired him after he had a panic attack prompted by a surprise birthday party that was thrown for him. The rewards totaled $450,000 in damages and included $300,000 for emotional distress and $150,000 for lost wages. The birthday party, he said, caused him "to suffer from a loss of income and benefits and emotional distress and mental anxiety." Few people will know how much courage it took for him to take this case all the way to trial."īerling sued Gravity Diagnostics for disability discrimination and retaliation, saying that the company inadequately accommodated his anxiety disorder.

Surprise Visit From Easter Bunny Goes 'Terribly Wrong' in Hilarious Clipīucher told Newsweek, "I will just say that I am very happy for my client.Kentucky Tornado Tears Apart Homes in Fern Creek, Louisville.Couple Surprised With Flash Mob at Wedding in Video: 'Love the Dedication'."They believed he was enraged and possibly about to get violent," Bucher said. "The way he described it is he started hugging himself and asked them to please stop."īerling was asked to leave the building, and the lawsuit states he was let go a few days later. "At this point he starts employing other coping techniques that he's worked on for years with his therapist," Bucher said. This triggered another panic attack, Bucher stated to Link NKY. She said she would accommodate it and she just forgot."īerling met with the office manager the following day, and Bucher said, "According to, she started reading him the riot act and accused him of stealing other coworkers' joy." Berling reportedly suffered a panic attack and had to "leave the office suddenly and spend his lunch break in his car."Īccording to Link NKY, Berling's attorney, Tony Bucher, said, "The person who was responsible for the birthday parties who he talked to flat out forgot about his request. In August of 2019, court documents reportedly state that the employee, Kevin Berling, told his office manager that he did not want the company to throw him a birthday party because he said that "being the center of attention" would trigger his anxiety disorder and cause him to have a panic attack, something 18 percent of the American population deal with, according to the Anxiety and Depression Association of America.ĭespite the conversation, reports say that on August 7, the company threw him a surprise birthday party, which he found out about on his way to lunch. An employee won a lawsuit and will be awarded $450,000 from the company he worked for after being fired over a surprise birthday party he made clear he did not want, WLKY-TV reported, but that may not be where the story ends.
