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Discharged Tri-State Division Chief sues district
An article from FireLawBlog.com highlights 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.
The lawsuit was initiated by Division Chief David Basek, who is now suing the Tri-State Fire Protection District, its Board of Trustees, several officials including Hamilton Gibbons, Jill Strenzel, Michael Orrico, and others, in federal court. The 18-page complaint details allegations that Basek was denied his constitutional rights under both the U.S. and Illinois constitutions. Specifically, he claims he was fired without proper due process—no notice, no explanation, and no opportunity to defend himself.
According to the complaint, Basek developed a heart condition in June 2011 and filed a workers’ compensation claim in November 2011. He alleges that his supervisor was unhappy with this decision and began treating him poorly. Later, he applied for FMLA leave, which he says led to an investigation into unspecified violations. On October 29, 2012, he was abruptly informed that the investigation had found rule violations and that he was being terminated as division chief. He was offered a lower position instead, but no formal hearing or explanation was provided.
The lawsuit includes five counts:
- Count I: Due process violation under federal law
- Count II: Due process violation under state law
- Count III: A mandamus request to reinstate him and hold a neutral hearing
- Count IV: Retaliation and discrimination under the FMLA
- Count V: Retaliatory discharge under the Illinois Workers’ Compensation Act
This case raises important questions about workplace fairness, employee rights, and the consequences of reporting health issues or taking time off for medical reasons. It also underscores the importance of due process in employment decisions, especially within public safety organizations where trust and transparency are critical.
You can find a copy of the full complaint here: Basek v. TriState.
Thanks, Scott.