Discharged Tri-State Division Chief sues district

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An article on FireLawBlog.com details a lawsuit filed by a former division chief against the Tri-State Fire Protection District. The division chief claims he was unjustly dismissed last October due to filing a worker’s compensation claim for heart-related issues and taking medical leave. According to the lawsuit, Division Chief David Basek initiated legal action last week in federal court against the Tri-State Fire Protection District, its board of trustees, several individual members including Hamilton Gibbons, Jill Strenzel, Michael Orrico, Robert Jewell, William Anderson, Christopher Baumbach, and Michelle Gibson. The 18-page complaint asserts that Chief Basek was denied his constitutional rights under both the U.S. and Illinois state constitutions because he was fired without receiving any pre-disciplinary procedures or a fair hearing. It further alleges that his termination was an act of retaliation for exercising his rights under the Family and Medical Leave Act (FMLA) and the Illinois Workers' Compensation Act (IWCA). Chief Basek reported experiencing heart problems in June 2011 and subsequently filed for workers’ compensation in November 2011. He claims that his supervisor expressed dissatisfaction over his decision to file the claim, leading to harassment. Later, he sought FMLA protection. Not long after starting his FMLA leave, he learned that an investigation was underway regarding unclear and undefined violations. On October 29, 2012, he was summoned by the fire chief, who told him that an unspecified investigation had concluded that certain violations had been confirmed against him. As a result, he was terminated from his position as Division Chief, though he was given the option to work as a Career Service Lieutenant. However, this termination happened without prior notice, an explanation of the allegations, or the chance to defend himself at a hearing. The lawsuit consists of five counts: - Count I: Violation of federal due process rights - Count II: Violation of state due process rights - Count III: Request for a writ of mandamus to order his reinstatement and a hearing presided over by a neutral officer - Count IV: Retaliation and discrimination under the FMLA - Count V: Retaliatory discharge in violation of the Illinois Workers' Compensation Act Here's a link to the full complaint document: [Basek v TriState Complaint](insert link here). Thanks, Scott! --- I came across this story while browsing through some recent legal updates, and it struck me as particularly significant. It's always troubling to hear about situations where employees feel they’ve been treated unfairly, especially when it involves something as serious as health-related issues. The details provided in the complaint suggest there may have been procedural errors during the disciplinary process, which is why Chief Basek is seeking justice through these legal channels. I hope this situation gets resolved fairly for all parties involved.

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