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Employee wins €400,000 in damages over unwanted office party

Employee wins €400,000 in damages over unwanted office party

A man in the US has won almost €420,000 ($450,000) after a panic attack triggered by an unwanted office birthday party resulted in the termination of his work contract.

Kevin Berling, an employee of Gravity Diagnostics, had informed his employer not to hold a surprise birthday for him as was company tradition. It is understood that Berling told his office manager that he suffered from panic attacks, which could be triggered by the staging of a surprise celebration.

On August 7th, 2019, the employer went against Berling's request and held a surprise birthday for the employee in the office canteen.

On being greeted by the surprise, Berling had a panic attack and left the building to work through some breathing techniques. He then texted his office manager to complain that the company failed to facilitate his request.

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The jury heard that the following day, Mr Berling was summoned to a management meeting where he was "confronted and criticized" for his reaction - a stance that trigged yet another panic attack.

The employee then went on leave for two days before he recieved a letter on behalf of Gravity Diagnostics informing him that his contract has been terminated.

Berling, who denied displaying any form of violence on both occassions, then sued - alledging disability discrimination and retaliation.

On hearing the case, a jury awarded Berling $450,000 in compensation over what they called "adverse employment action."

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Gravity Diagnostics still stand by their decision.

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