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An article from FireLawBlog.com highlights a legal dispute involving the Tri-State Fire Protection District, where a former division chief has filed a lawsuit alleging wrongful termination. The case centers around David Basek, who claims he was fired in retaliation for exercising his rights under the Family and Medical Leave Act (FMLA) and the Illinois Workers’ Compensation Act (IWCA).
The lawsuit, filed last week in federal court, names several parties, including the Tri-State Fire Protection District, its Board of Trustees, key officials such as Hamilton Gibbons, Jill Strenzel, and Michael Orrico, as well as the Board of Commissioners and other individuals involved in the decision-making process.
According to the 18-page complaint, Basek was terminated without due process. He argues that he was not given the opportunity to present his side before being let go, nor was he provided with any formal charges or explanation for his dismissal. The suit claims that his termination violated both U.S. and Illinois constitutional protections, specifically citing a lack of predisciplinary procedures and a fair hearing.
Basek developed a heart condition in June 2011 and submitted a workers’ compensation claim in November of the same year. He claims that after filing the claim, his supervisor expressed disapproval, leading to increased harassment. Later, he applied for FMLA leave, and shortly after starting it, he was told an investigation into unspecified violations had begun.
On October 29, 2012, he was summoned by the fire chief, who informed him that the investigation had found rule violations and that he was being discharged from his position as Division Chief. He was offered a lower-level union position instead, but no prior notice, explanation, or opportunity to defend himself was provided.
The lawsuit includes five counts: violation of due process under federal and state law, a mandamus request for reinstatement and a neutral hearing, retaliation under the FMLA, and retaliatory discharge under the IWCA.
This case raises important questions about employee rights, due process, and the consequences of taking medical leave or filing a workers' comp claim. It also highlights the potential for workplace retaliation against those who exercise their legal protections.
Thanks, Scott.