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Discharged Tri-State Division Chief sues district
An article from FireLawBlog.com highlights a legal action taken against the Tri-State Fire Protection District by a former division chief, who claims he was wrongfully terminated in retaliation for exercising his rights under workers' compensation and family leave laws.
According to the report, David Basek, a former division chief with the Tri-State Fire Protection District, filed a lawsuit last week in federal court. The suit names multiple entities and individuals, including the fire district itself, its board of trustees, several officials, and the board of commissioners. Basek alleges that his termination in October 2012 violated both his constitutional due process rights and protections under state and federal law.
The 18-page complaint states that Basek was fired without proper procedures, such as a pre-termination hearing or an opportunity to respond to the allegations. He claims the decision was made in retaliation for having filed a workers’ compensation claim related to a heart condition he developed in 2011 and later taking medical leave under the Family and Medical Leave Act (FMLA).
Basek says that after filing the workers’ comp claim, he faced hostility from his supervisor and was subjected to harassment. Later, when he requested FMLA leave, he was told an investigation into unspecified violations had been initiated. On October 29, 2012, he was abruptly informed that the investigation had found him guilty of unknown rule violations and that he was being discharged. No formal charges were provided, nor was he given a chance to defend himself.
The lawsuit includes five counts: violation of due process under both federal and state law, a mandamus request for reinstatement and a fair hearing, retaliation under the FMLA, and retaliatory discharge in violation of the Illinois Workers’ Compensation Act.
This case raises important questions about employee rights, due process, and the potential for workplace retaliation. It also underscores the importance of legal protections for public sector employees who take time off for health-related reasons.
For more details, you can review the full complaint here: Basek v. TriState.
Thanks, Scott.