An American company has been sentenced to pay $ 450,000 in damages to an employee who was fired after suffering a panic attack because his colleagues organized a birthday party in his honor, against his will.
Kentucky-based Gravity Diagnostics intends to appeal the decision.
Kevin Burling, who claims to be suffering from anxiety, had warned his boss that he did not want to celebrate his birthday because he had bad memories of his parents’ divorce. But on August 7, 2019, when the employees took a break for lunch, he saw his colleagues wishing him “happy birthday” and found that they had hung a greeting banner in the lounge.
Burling left, got in his car and, as he claims, had a panic attack.
The next day, at a rally, Burling appeared “angry, clenching his fists and teeth, his face flushed and trembling,” and told his boss to “take the shit out,” according to company lawyer John Maley. The boss and another employee who was present “feared for their safety” and the company decided to fire Kevin Burling.
Prior to the incident, Burling had never received any comments about his behavior.
Burling has filed a lawsuit against the company, accusing it of “discrimination” because of the health problem it faces. At the end of March, he was acquitted after being awarded $ 450,000 – $ 150,000 for the loss of income he suffered and the rest for “the humiliation, loss of self-esteem and pain” caused by his dismissal.
Maley said the company is non-discriminatory, has not been informed of its employee health problems and intends to appeal.
“Employers, especially at this time of violence in the workplace, have the right and must take measures, such as here, to protect their employees,” the lawyer said.
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