An article from FireLawBlog.com details a legal case filed against the Tri-State Fire Protection District by a former division chief, who claims he was wrongfully terminated in retaliation for taking medical leave and filing a workers' compensation claim.
David Basek, who previously served as a division chief with the Tri-State Fire Protection District, recently filed a lawsuit in federal court. The suit names the Tri-State Fire Protection District, its Board of Trustees, several board members, and other officials, including Hamilton Gibbons, Jill Strenzel, Michael Orrico, Robert Jewell, William Anderson, Christopher Baumbach, and Michelle Gibson.
According to the 18-page complaint, Basek alleges that his termination in October 2012 violated both his constitutional rights under the U.S. Constitution and the Illinois Constitution. He claims he was fired without proper due process—specifically, without being given a predisciplinary hearing or an opportunity to respond to the allegations against him.
The lawsuit also asserts that his firing was retaliatory, stemming from his use of medical leave under the Family and Medical Leave Act (FMLA) and his submission of a workers’ compensation claim under the Illinois Workers’ Compensation Act (IWCA).
Basek developed a heart condition in June 2011 and filed a workers' compensation claim in November 2011. He claims his supervisor expressed disapproval of his decision to file the claim, leading to increased harassment. Later, he applied for FMLA leave, which he says triggered further negative actions from management.
In October 2012, he was called before the fire chief, who informed him that an unspecified investigation had found violations against him, resulting in his termination. No formal charges were provided, no explanation was given, and he was not allowed to present his side before being let go.
The complaint outlines five counts:
- Count I: Violation of due process under federal law
- Count II: Violation of due process under state law
- Count III: Mandamus request to reinstate Basek and hold a neutral hearing
- Count IV: Retaliation and discrimination under the FMLA
- Count V: Retaliatory discharge under the Illinois Workers’ Compensation Act
This lawsuit highlights ongoing concerns about workplace fairness, due process, and the protection of employees who exercise their legal rights. If you're interested, here's a copy of the full complaint: Basek v. TriState.
Thanks, Scott.
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