By BECKY KISER
Hays Post
The former clinical director of Hays-based High Plains Mental Health Center, is suing his former employer, alleging he was wrongfully discharged based on a mental illness.
David S. Anderson, WaKeeney, who served as the clinical director for about 20 years, filed his complaint in the U.S. District Court of Kansas on Oct. 25, 2025, and is asking for a jury trial, an award of damages in an amount to be determined at trial, and payment of his attorneys’ fees.
Anderson, 62, is asking for legal relief under the Age Discrimination in Employment Act (ADEA), under Title 1 of the Americans with Disability Act (ADA), and under the Family and Medical Leave Act (FMLA).
The complaint says Anderson was allegedly wrongfully discharged on Nov. 3, 2023, because of his disability—depression.
Anderson alleges that within minutes of informing his direct supervisor of his depression and requesting reasonable accommodation, he was fired, and that months before that, he also alleges he was passed over for a promotion to the position of executive director in favor of a younger man who he alleges in the suit has less experience and qualifications.
Anderson also alleges in his complaint that High Plains Mental Health failed to provide him with required notice of eligibility for the Family and Medical Leave Act leave, failed to grant him Family and Medical Leave Act-covered leave, and terminated him in retaliation for his request to take leave protected by the Family and Medical Leave Act, according to court records.
According to court records, Anderson alleges the conduct by High Plains Mental Health was unlawful, depriving him of a promotion for which he alleges he was a more qualified applicant than the candidate selected, and allegedly violated the terms and conditions of his employment, allegedly resulting in a significant loss of financial compensation and other benefits.
In its filed answer, High Plains Mental Health Center denies all of Anderson’s allegations and is also requesting a jury trial.
In an email to Hays Post, Craig Poe, High Plains Mental Health executive director, wrote “We’re aware of the situation and are addressing it through the appropriate process. It’s an employment-related matter and does not impact our operations or services. Because it’s ongoing, we’re not able to comment further at this time. Our work and focus on the people we serve continue as normal.”
The Hays Post also contacted Anderson’s attorney.
“We have no comment at this time,” Jacob Schmidt, Foulston Siefkin LLP, an Overland Park attorney representing Anderson, wrote in an email to Hays Post.
Pursuant to a court order, both parties filed a joint mediation notice on April 29. They selected Dave Vogel, Eischens Vogel Mediation Solutions of Parkville, Missouri, to serve as their mediator.
The mediation is scheduled to take place Monday, June 22 in Overland Park.
If the case is not resolved during private mediation, it is scheduled for a final pretrial conference July 29. The dispositive motion deadline is Aug. 21.
On July 29, 2024, Anderson filed a charge of discrimination against High Plains Mental Health Center with the Equal Employment Opportunity Commission, which was dual-filed with the Kansas Human Rights Commission, according to court records.
According to the complaint, Anderson’s direct supervisor and the longtime executive director of High Plains Mental Health Center, Walt Hill, announced his retirement in the summer 2023. Anderson decided to apply for the executive director position.
The High Plains Mental Health Center board of directors hired the Boland Group to conduct the recruitment and initial interview process. Anderson underwent his first interview with Anne Boland on Aug. 9, 2023, and was called back for a second interview on Aug. 17.
Anderson met with the board search committee on Sept. 28, 2023. In mid-October, he received an email from Boland that the board was no longer considering him for the executive director position and only looking at external candidates, according to court records.
In December 2023, it was announced that Craig Poe, who is more than 20 years younger than Anderson, had been hired as the new executive director, effective Jan. 1, 2024. Anderson alleges in his lawsuit Poe has less experience than he does in leadership within community mental health centers and in clinical experience.
It was at this time, Anderson said in the lawsuit, he began struggling more with his mental health after devoting his professional life—36 years—to High Plains Mental Health Center. He requested paid time off from work, which was approved by Hill, according to court records.
A meet-and-greet with Poe was scheduled for Nov. 3, 2023, for High Plains Mental Health Center senior leaders.
According to court records, Anderson responded to Hill via email that he believed he could not meet with Poe in a public setting because of his mental health struggles, but was willing to meet with Poe individually to explain his situation. Anderson did not receive a response from Hill, according to court records.
At a regularly scheduled weekly meeting between Hill and Anderson on Nov. 2, 2023, Hill allegedly demanded that Anderson attend the meeting with Poe and the other High Plains Mental Health Center directors the next day, according to the lawsuit.
Prior to the meeting between Hill and Anderson, Hill allegedly notified Anderson that Gloria Mathis, High Plains Mental Health Center human resources director, would also be present but but Hill allegedly did not explain why, according to the lawsuit. She normally did not attend such meetings.
High Plains Mental Health said in court records that Hill allegedly told Anderson that Mathis would attend the meeting. But according to court records Hill allegedly explained the decision was caused by, among other issues, Anderson’s failure to attend a board meeting without prior notification to Hill or asking someone to attend in his place in addition to his alleged insubordinate behavior related to the upcoming meeting with Poe.
Anderson again allegedly asked to be excused because of his depression and to meet privately with Poe, according to court records. Hill allegedly asked if Anderson was seeking an accommodation for his mental health condition.
High Plains Mental Health denies each of the contentions, according to court records.
Anderson alleges the request to miss the meeting also constituted a request for an FMLA-covered leave.
According to the complaint, Hill allegedly said Anderson must provide him with medical documentation of the requested accommodation before the meeting the next day in order to be excused. Anderson was allegedly not allowed any time with which to secure the documentation from his medical provider, according to the lawsuit.
Again, High Plains Mental Health has denied each of these arguments, according to court records.
Hill allegedly presented Anderson with a disciplinary document stating that Anderson must either attend the meet-and-greet the next day or resign, according to court records.
According to court records, High Plains Mental Health Center agrees that Anderson was presented with a letter of reprimand prepared before the meeting.
In High Plains answer to the lawsuit, it also stated Anderson was expected to support High Plains’ decision and selection of Poe as the new executive director and that “continued disrespect of [High Plains] would be considered “insubordination and cause for termination.”
Anderson allegedly repeated that he could not attend the meet-and-greet given his mental health state and again asked to be excused from attending. He also allegedly informed Hill that he would not resign.
Hill then immediately fired Anderson who was escorted out of the building by Mathis.
Anderson allegedly visited his medical provider the next day who made a formal diagnosis of depression and insomnia, and prescribed medications, according to court documents.
In its response in court records, High Plains Mental Health Center denies that Anderson was a qualified individual for the executive director’s position at the time he was terminated because of his continued alleged disrespect and insubordination.
After three months, Anderson was appointed as Aging Services Commissioner at the Kansas Department for Aging and Disability Services. He made a lower salary than he did as High Plains Mental Health Center clinical director, with fewer benefits, according to court records. He had to also drive to Topeka an average of 10 days a month.
Anderson’s complaint says his depression allegedly improved after he secured another job, but his symptoms allegedly have never fully resolved.
Anderson retired from the Aging Services Commissioner position in late August 2025, according to a news release from the Kansas Department for Aging and Disability Services.