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An article from FireLawBlog.com details a legal case involving the Tri-State Fire Protection District, where a former division chief has filed a lawsuit against the organization. The suit claims that his termination in October was an act of retaliation for filing a workers' compensation claim related to a heart condition and taking medical leave.
Division Chief David Basek 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, the Board of Commissioners, and others such as Robert Jewell, William Anderson, Christopher Baumbach, and Michelle Gibson. According to the lawsuit, Basek was denied due process under both the U.S. Constitution and the Illinois Constitution, as he was fired without being given proper disciplinary procedures or a hearing.
The complaint also states that Basek was terminated in retaliation for exercising his rights under the Family and Medical Leave Act (FMLA) and the Illinois Workers’ Compensation Act (IWCA). In 2011, Basek developed a heart condition and filed a workers’ compensation claim in November of that year. He claims that his supervisor was upset about the claim and began subjecting him to harassment. Later, he applied for FMLA leave, and shortly after starting it, he was told that an investigation into unspecified violations was underway.
On October 29, 2012, Basek was called before the fire chief, who informed him that the "unspecified investigation" had found rule violations against him, leading to his dismissal as Division Chief. He was offered a lower position instead, but the termination occurred without notice, explanation, a hearing, or any opportunity to defend himself.
The lawsuit includes five counts:
- Count I: Due process violation under federal law
- Count II: Due process violation under state law
- Count III: Mandamus request for reinstatement and a neutral hearing
- Count IV: Retaliation and discrimination under the FMLA
- Count V: Retaliatory discharge under the IWCA
This case highlights serious concerns regarding employee rights, due process, and potential workplace retaliation. It's a significant legal development that could set a precedent for similar cases in the future.
Thanks, Scott.