He Didn’t Want a Birthday Party at Work, Wins $450,000 in Court
April 19, 2022
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IDK, can’t help but feel as if any claims of workplace violence should actually… involve violence…? Feels more like the dangerous precedent had already been set when these claims were allowed to proceed when no physical violence was involved.. (Probably missing something, so if one more familiar with the reasoning behind this has anything to share, I’m all ears!)
Don’t get me wrong, verbal altercations or threats of physical violence are by no stretch workplace appropriate, but shouldn’t they be termed something else if no physical violence occurred?
Hostile Work Environment. “Berling had told his supervisor that a birthday celebration would bring back bad childhood memories surrounding his parents’ divorce. The supervisor forgot to pass along his request, the company said.” The company does not dispute they were informed of the issue but state the supervisor forgot and did not take any action.
The next day his supervisor chastised him for “stealing his co-workers”’ joy and “being a little girl,” according to a lawsuit.
The employee, Berling was fired after the second attack.
Obviously a hostile work environment, lucky they got off at 450K
I was wondering about his reaction at the party and the subsequent meeting, since it seemed as if the employer was accusing him of workplace violence. I figured his reaction must have been abnormally extreme. Didn’t find many additional details, but I did find this: According to that article, “Mr. Maley said that the company had the right to fire Mr. Berling — a lab technician whose employment status was at-will, meaning he could be fired for any legal reason — because he had clenched his fists, his face had turned red and he had ordered his supervisors to be quiet in the meeting, scaring them.”
Some people just don’t want a party. For whatever reason, and he gave one but shouldn’t have to, they gave him one anyway. I know many people who don’t like to celebrate their birthday. It’s just respect. Then to chastise him, as a supervisor takes the cake. It’s no wonder he got upset and did his best to control his emotions. He’s only human. Anyone would sneeze if they get too much pepper.
This goes to show that you respect and honor one’s wishes. This is a foundational principle in life and especially in DE&I. I have a co-worker who does not want anyone to sing “Happy Birthday” to them, and we totally respect and honor that. Though the jury award was a bit much in my opinion, I agree that the company got off easy.
Note to my fellow employees. Please don’t throw me a surprise birthday party. (Wink, wink, nod, nod.)