David Basek filed suit Aug. 15 in federal court against the district, its Board of Trustees and the Board of Commissioners.
The Tri-State Fire Protection District is based in Darien and serves an area of 21 square miles that includes parts of Darien, Willowbrook, Burr Ridge and unincorporated DuPage County.
In June 2011, Basek began receiving treatment for a heart condition, according to the lawsuit, which was posted on the Fire Law blog. This required him to take a medical leave of absence, and in November 2011 Basek filed a claim for workers' compensation.
According to the lawsuit, Basek was told his supervisor was unhappy with the workers' comp claim, and he faced harassment and jokes upon his return to work. He was later informed that there would be an investigation into a possible violation of workplace rules.
On Oct. 29, 2012, Basek was discharged without further explanation, according to the lawsuit.
The lawsuit have five counts:
- due process violation under federal law
- due process violation under state law
- mandamus request to order his reinstatement and hearing before a neutral hearing officer
- retaliation and discrimination under the FMLA
- retaliatory discharge in violation of the state workers comp act