Skip to content
Search AI Powered

Latest Stories

Man Awarded $450k After Being Fired For His Reaction To Unwanted Surprise Birthday Party At Work

Man Awarded $450k After Being Fired For His Reaction To Unwanted Surprise Birthday Party At Work
Westend61/Getty Images
Make us preferred on Google

A Kentucky man was awarded $450,000 in a lawsuit against his former employer, Gravity Diagnostics after they refused to honor a request for a reasonable accommodation due to a known disability.

Kevin Berling sued Gravity Diagnostics after they fired him over his reaction to a surprise office birthday party he requested they refrain from having for him.


Berling—who lives with an anxiety disorder—requested his birthday not be celebrated because he knew the office party would be likely to cause a panic attack.

During testimony, Berling said:

"That day is a day that is very stressful and causes a lot of anxiety for me."

That request was not honored, though, and Berling found a party waiting for him in the lunch room on August 7, 2019.

As he had anticipated, the event triggered a panic attack and he quickly grabbed his lunch and went to eat in his car and weather the panic.

When he met with his supervisor, Amy Blackburn, and the Director of Business Operations, Ted Knauf, the next day to discuss the former day's events, things got even worse. He was reportedly berated for how he had reacted and accused of "stealing his co-workers' joy" and "being a little girl" about the whole situation.

This triggered another panic attack and Blackburn claimed she feared Berling "was going to literally strike her" because he was sitting silently with his fists clenched—likely using a common coping mechanism for dealing with anxiety which involves deep breaths and focusing on one's body until the panic passes.

She further said he "commanded silence while shaking" when she and Knauf asked if he was alright.

Instead of inflicting or even threatening any violence, Berling left a few minutes later when he was sent home until Monday of the following week.

According to legal filings:

"This confrontation triggered another panic attack."
"At the conclusion of this meeting and because plaintiff had a panic attack, plaintiff was sent home from work for the remainder of August 8 and August 9."

While some accused him of being overly sensitive, many Twitter users who have lived experience with anxiety disorders were firmly on Berling's side.




Gravity Diagnostics COO and founder Julie Brazil maintains her current employees are the true victims of the incident, not the plaintiff—insinuating Berling was a threat because he suffers from an anxiety disorder.

"With ever-increasing incidents of workplace violence, this verdict sets a very dangerous precedent for employers and most importantly employees that unless physical violence actually occurs, workplace violence is acceptable."

A spokesperson for Gravity Diagnostics said:

"This female supervisor and the other employee were both absolutely terrified for their physical safety."

Berling has declined requests to be interviewed, but his attorney Tony Bucher told WKRC Berling was simply using coping techniques to try to calm down during the meeting:

"They started giving him a pretty hard time for his response to the birthday celebration, actually accusing him of stealing his co-workers' joy."

It would seem the jury agreed with Bucher's assessment, as Berling was awarded $300,000 for emotional distress and a further $150,000 for lost wages.

More from Trending

Kevin McHale Furiously Hits Back At Fan Speculation That 'Glee' Was Cursed Due To Cast Deaths: 'Get F—ked'
Kristina Bumphrey/Variety via Getty Images; John Medina/WireImage

Kevin McHale Furiously Hits Back At Fan Speculation That 'Glee' Was Cursed Due To Cast Deaths: 'Get F—ked'

It's often said that the beloved 2010s Fox show Glee is cursed because so many of its stars have died or been involved in harrowing scandals since the show aired.

And star Kevin McHale is not having it.

Keep ReadingShow less
screenshot from Fox News "The Five"
Fox News

Fox News Host Ripped After Claiming 'Reacher' Star Alan Ritchson's Hatred For Trump Is 'Eating Him Alive'

Actor Alan Ritchson, the 6'3" tower of muscle that stars in the series Reacher, angered MAGA minions after criticizing their idol, Republican President Donald Trump, his administration, and his enablers on a pair of podcasts.

Explaining his political views during an appearance on the Happy Sad Confused podcast, Ritchson said:

Keep ReadingShow less
Pete Hegseth
Aaron Schwartz / AFP via Getty Images

Defense Department Roasted After Posting And Then Deleting Tweet About 'Winning' Trump's Iran War That's A Self-Own For The Ages

The Defense Department is facing criticism after the official X account for the Under Secretary of War posted a tweet about the U.S. military "winning" the Iran war with a caption that undermined the sentiment before later deleting it.

The post included a graphic showing soldiers mid-operation with the words "WINNING" prominently displayed along with a caption that said:

Keep ReadingShow less
Donald Trump; one of the two The Arts of Peace statues stands near Lincoln Memorial
Aaron Schwartz / AFP via Getty Images; Alex Wong/Getty Images

Trump Just Renovated Several Historic DC Sculptures—And People Are Furious Over Their Gaudy New Look And Price Tag

President Donald Trump has angered critics following his renovation of several historic sculptures in Washington, D.C., that fit his taste for gold decor.

The Arts of War and The Arts of Peace are two bronze, fire-gilded sculpture groups that flank Lincoln Memorial Circle in West Potomac Park. Originally commissioned in 1929 to accompany the eastern plaza of the Lincoln Memorial and the approaches to the Arlington Memorial Bridge, budget constraints delayed the project for decades.

Keep ReadingShow less
Hannah Berner attends "The Devil Wears Prada 2" New York premiere.
Dia Dipasupil/Getty Images

Comedian Hannah Berner's Botox Treatment For TMJ Disorder Has Fans Cackling After It Caused A Hilariously Awkward Side-Effect

Hannah Berner's latest comedy bit wasn't exactly planned. After getting injections to help with her TMJ, the comedian found herself temporarily unable to smile, a side effect she quickly transformed into viral entertainment.

For those who don't know, Berner is one half of the hit comedy podcast Giggly Squad, which she co-hosts with longtime friend Paige DeSorbo. The pair spend each episode making fun of everything from pop culture and everyday life to themselves, so it's no surprise Berner found a way to turn an awkward mishap into a joke.

Keep ReadingShow less