4 ms·
I forgot to note that caveat, fair point. But it's implied he returned to work after lunch in his car, and that he was "confronted and criticized" for his react
by dundarious 5y ago
I forgot to note that caveat, fair point. But it's implied he returned to work after lunch in his car, and that he was "confronted and criticized" for his reaction to the party, which seems like a light response to significant violence, so I'm leaning towards the less violent end of the spectrum there, on the order of something like a shove on the high end. Without clarification, that's just an assumption, but generally, the burden for proof lies with the employer.
Edit: Actually, the Link NKY article referenced in OP clears this up, and it appears that no evidence or testimony of any violence was ever offered. The first set of opinions are obviously one-sided, but it seems clear from the last paragraph in quotation here that there was no real violence.
> “They way [the Gravity Diagnostics employees] say it, they believed he was enraged and possibly about to get violent,” Bucher said.
> Berling has never demonstrated any violence, Bucher said, and someone who is suffering a panic attack becomes almost paralyzed with fear; they don’t often lash out.
> “Basically what the argument was is he was fired for having a panic attack,” Bucher said. “They made assumptions that he was dangerous based off of his disability and not off of any evidence that he was violent.”
> If he had made violent gestures, Bucher said, Gravity Diagnostics would have had grounds to fire him, but he didn’t do anything threatening.
> ...
> With ever-increasing incidents of workplace violence, Brazil said, the verdict sets a dangerous precedent for employers and employees that unless physical violence occurs, workplace violence is acceptable.
- stjohnswarts 5y agoI agree, circumstantial evidence and "reasonable" logic would lead you to conclude that if he was violent or threatening, they would have called the police, not pulled him aside for a stern talking to; especially in a state as open/free about guns as Kentucky is.
- freedomben 5y agoHeh yeah I just came back here to say the same thing about the other article :-) Sounds like the violence was NOT a real thing.
- samhw 5y ago> sets a dangerous precedent for employers and employees that unless physical violence occurs, workplace violence is acceptable This is the stupidest thing I have ever read. "This sets a dangerous precedent that violence is OK so long as it doesn't actually happen." Lady, what have you been smoking??
- ashildr 5y ago> With ever-increasing incidents of workplace violence, Brazil said, the verdict sets a dangerous precedent for employers and employees that unless physical violence occurs, workplace violence is acceptable. In this case the company forced an employee against his expressed will to be the center of attention of a “party” and triggered his condition. This IS violence - from the side of the employer.