An article from FireLawBlog.com highlights a recent legal case involving the Tri-State Fire Protection District, where a former division chief has filed a lawsuit alleging wrongful termination. The suit claims that the individual was fired in retaliation for taking medical leave related to a heart condition and filing a workers' compensation claim.
David Basek, who served as a division chief, recently filed a 18-page complaint in federal court against the Tri-State Fire Protection District, its Board of Trustees, several officials including Hamilton Gibbons, Jill Strenzel, Michael Orrico, and others. The lawsuit states that Basek was denied his constitutional rights under both the U.S. and Illinois constitutions because he was terminated without proper due process, such as a disciplinary hearing or opportunity to respond to the allegations against him.
According to the complaint, Basek developed a heart condition in June 2011 and submitted a workers’ compensation claim in November of the same year. He claims that shortly after filing the claim, his supervisor expressed disapproval, leading to increased harassment. Later, he applied for FMLA leave, which he says led to an investigation into unspecified violations.
On October 29, 2012, Basek was called before the fire chief and told that the investigation had found rule violations, resulting in his termination. However, he was not given any notice, explanation of the charges, or a chance to defend himself. Instead, he was offered a lower position within the department.
The lawsuit includes five counts:
- Count I: Violation of due process under federal law
- Count II: Violation of due process under state law
- Count III: A mandamus request for reinstatement and a fair hearing
- Count IV: Retaliation and discrimination under the FMLA
- Count V: Retaliatory discharge in violation of the Illinois Workers’ Compensation Act
This case raises important questions about employee rights, due process, and the protection of workers who take time off for medical reasons. It also underscores the potential consequences for employers who fail to follow proper procedures when terminating employees.
If you're interested, here's a copy of the full complaint: Basek v TriState.
Thanks, Scott.
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