SAN DIEGO — He was, at the height of the pandemic, the face of San Diego County's COVID response until one day he simply disappeared. Former San Diego County Chief Medical Officer, Dr. Nick Yphantides is suing the County of San Diego. Dr. Yphantides says he was discriminated against for a disability.
Dr. Yphantides, known to most people as Dr. Nick, said in October of 2020 he started feeling the pressure and stress that most health care professionals are now talking about as we all continue to struggle through this pandemic.
However, he says when he took a leave of absence to deal with his mental health, the county considered him damaged goods - illegally.
Yphantides appeared with his attorneys in a virtual press conference Wednesday morning.
"Early in the pandemic, the sound of pots and pans clanging filled city streets across America and San Diego and Coronado as well, as citizens expressed their sincere appreciation for frontline workers," Yphantides said. "By October, the streets went silent. I began to suffer from depression and overwhelming anxiety. I lost my ability to sleep. And so in that situation, I did what any of us would tell our loved ones to do, take a brief leave of absence.”
He said he was transparent with his colleagues about what he was feeling.
“Even in my vulnerability and my distress I was hoping and eager to lead by example,” Yphantides said.
When he took a leave of absence to address his mental health and tried to return to work, he said the county gave him two options:
"‘Go back on leave... Or quit,’" Yphantides said.
He felt helpless and took more time off.
“When I returned, it was clear to me that I was viewed by the county as damaged goods," Yphantides said .
His attorneys say the county also tried to give Dr. Nick a fitness-for-duty exam.
According to Nolo.com and Concentra Health, a fitness-for-duty exam is a medical examination of a current employee to determine whether the employee is physically or psychologically able to perform the job.
"It is appropriate only when the employer believes the employee is a current or immediate threat to the workplace or to others. Dr. Nick was neither," said Greg Klawitter of Ceartas Legal, one of Dr. Yphantides' attorneys said. "He nevertheless consented to the exam and for a variety of reasons that the county would be better able to answer, the exam didn't go forward. Laws do not permit employers to stigmatize employees with mental or physical disabilities and discard them like a broken object."
Yphantides said now that he's healthy, he wants to get back to work.
“Especially now that COVID is surging, it's especially hard being sidelined," he said.
His attorneys say they're suing to hold the county accountable for their actions in firing Dr. Nick. The attorneys didn't say whether they were suing for financial remuneration or for him to get his job back.
News 8 reached out to the County of San Diego for comment on the lawsuit - a spokesperson said they don't comment on pending litigation.
Dr. Nick's attorneys said that as of the press conference Wednesday, the county had not been served legal documentation of the lawsuit and that process could take 24-72 hours.
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