A Kentucky man who was fired days after he had a panic attack at his workplace was awarded $450,000 by a jury last month for lost wages and emotional distress.
Kevin Berling had been working at a medical laboratory for about 10 months when he asked the office manager not to throw him a birthday party because he had an anxiety disorder.
Mr. Berling's lawyer said that the party had been planned by other employees while the office manager was away and that the situation had quickly spiraled out of control.
Mr. Berling had a panic attack after he learned about the lunchtime celebration, which was to have included birthday wishes from colleagues and a banner decorating the break room. Mr. Berling took his lunch break in his car.
Mr. Berling had a panic attack in a meeting with two supervisors who confronted him about his behavior. An email suggested that Mr. Berling posed a threat to his co-workers and he was fired three days later.
In a court filing, the company said that it had fired Mr. Berling because he was violent in the meeting and had scared the supervisors, who sent him home for the day.
Mr. Berling sued the company after the meeting.
A jury decided on March 31 that Mr. Berling had experienced an adverse employment action because of his disability. He was awarded $300,000 for suffering, embarrassment and loss of self-esteem.
LINK nky reported that the judge in the case had not yet entered a judgement regarding the verdict.
John Maley, a lawyer for Gravity Diagnostics, said on Saturday that the company would file post-trial motions challenging the verdict on legal grounds and that one juror had violated court orders about obtaining information outside the trial.
The case did not meet the standard for a disability claim because Mr. Berling had never disclosed his anxiety disorder to the company.
Mr. Maley said that the company had the right to fire Mr. Berling because he had clenched his fists.
Julie Brazil, the founder and chief operating officer of Gravity Diagnostics, said on Saturday that they were in fear of physical harm during that moment.
Mr. Berling's attempt to calm himself after one of the supervisors criticized his reaction to the party was what the company had described.
Mr. Berling asked them to stop talking and used physical techniques, including a move that Mr. Bucher described as having his fists closed but almost hugging himself.
Mr. Berling was sent home for the rest of the day. He apologized to one of the supervisors at home a couple of hours after the meeting.
Mr. Berling had received monthly reviews before that week. According to court documents, the company said that he had never received a negative review.
Mr. Berling is happy in his new job and his panic attacks have decreased after that week in 2019.
According to the Anxiety and Depression Association of America, 40 million Americans are affected by anxiety disorders each year.
In an email, a mental health counselor for the therapy app Talkspace said that it was a good idea for people with anxiety disorders and panic attacks to talk to their supervisor at work.
Ms. Anwar said that anxiety on the job could be caused by workload and social pressures.
When interacting with managers and co-workers becomes expected, social anxiety can also get triggered.
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