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Discharged Tri-State Division Chief sues district
An interesting piece on FireLawBlog.com caught my attention recently. It talks about a former division chief filing a lawsuit against the Tri-State Fire Protection District. According to the article, this division chief claims he was let go last October as a result of retaliation. The reason? He had previously filed a workers' compensation claim related to a heart issue and had taken medical leave.
This division chief, David Basek, decided to take legal action last week by filing a lawsuit in federal court. His targets include not only the Tri-State Fire Protection District but also several individuals such as the Tri-State Fire Protection District Board of Trustees, Hamilton Gibbons, Jill Strenzel, Michael Orrico, the Tri-State Fire Protection District Board of Commissioners, Robert Jewell, William Anderson, Christopher Baumbach, and Michelle Gibson.
In his 18-page complaint, Chief Basek argues that his dismissal violated his constitutional rights—both at the federal and Illinois state levels. Specifically, he claims he was denied the proper procedural steps leading up to his termination, including being provided with a chance to defend himself or even know what exactly he was accused of.
Basek’s troubles began back in June 2011 when he was diagnosed with a heart condition. In November of the same year, he submitted a workers' compensation claim. He states that his supervisor expressed dissatisfaction over this move, and soon after, he noticed increased hostility from management. When he applied for FMLA (Family and Medical Leave Act) protection, things took a turn for the worse. Not long after going on FMLA leave, he learned there was an ongoing investigation into alleged rule violations, though these were never clearly defined.
On October 29, 2012, Basek was summoned to meet with the fire chief. During this meeting, he was told that an investigation had concluded and certain violations had been confirmed against him. As punishment, he was fired from his role as division chief—but was given the option to switch to a lower-ranking position within the union as a Career Service Lieutenant. However, this decision came abruptly, without any formal notice, explanation of charges, or opportunity for him to respond.
The lawsuit includes five distinct counts:
1. **Count I**: Violation of due process under federal law.
2. **Count II**: Violation of due process under state law.
3. **Count III**: A petition for mandamus demanding his reinstatement along with a fair hearing presided over by a neutral third party.
4. **Count IV**: Retaliation and discrimination under the FMLA.
5. **Count V**: Retaliatory discharge in violation of Illinois workers' compensation laws.
For those interested, here's a link to the full complaint: [Basek v TriState](#).
Thanks again, Scott, for bringing this to our attention!
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This situation highlights some serious concerns regarding workplace fairness and employee rights. It’s always disheartening to hear stories where employees feel they’ve been treated unjustly, especially when it involves health-related issues. I hope this case brings clarity and sets a precedent for better practices moving forward.