5 former employees sue Collier County Clerk of Court for wrongful job terminations

Reporter: Gina Tomlinson Writer: Jack Lowenstein
Published: Updated:
Collier County Clerk Crystal Kinzel of Clerk of the Circuit Court & Comptroller. Credit: Collier County Clerk’s website.

Former employees are suing a Southwest Florida clerk of court and claim they were fired over their political support, which they claim infringes upon their First Amendment rights.

Five former employees of the office of Collier County Clerk of the Circuit Court & Comptroller say they were fired by Clerk Crystal Kinzel out of political vengeance and retaliation, so they are suing her.

The Collier County Clerk’s office did not tell us if the department underwent staffing issues at the time of the firings.

The lawsuit claims none of the former employees exercised their political beliefs while on the clock and shouldn’t have been let go.

MORE: Lawsuit against Collier County Clerk Kinzel

“There had been no write ups; there had been no discipline; this came completely out of left field,” said Benjamin Yormak, a labor and employment attorney.

Yormak represents the five former employees of the Collier County Clerk, who have filed a lawsuit against Kinzel in both her official and individual capacities.

Two former employees were fired after nearly 20-year careers.

“Really heartbroken to have their careers ripped out from underneath them, simply by virtue of them supporting a different candidate,” Yormak said.

Jim Molenaar was the first employee Yormak represents who was fired by the clerk’s office. He was terminated from his position as senior legal counsel after filing to run for office against Kinzel.

”The message seemed to be pretty clear; ‘If you’re not with me, you’re against me, and you can’t work here,’” Yorkmak described the claims of his clients.

The four other employees — Mark Pasek, Meredith Carr, Patricia Morgan and Steven Morgan — were fired Sept. 1, 2020. Yormak says it was done after Kinzel found out each of them had supported Molenaar’s campaign.

“We have heard it was a reduction in force,” Yormak said. “We have also heard we don’t have to give you a reason.”

Some who voted for Kinzel, including Steven Williams, believe there was more going on behind closed doors.

“You have to have done something wrong,” Williams said.

According to the lawsuit, Kinzel fired the five former employees because, “She was no longer confident in their abilities to carry out the duties and functions of their positions.”

Clerk Kinzel denied an interview with us. A spokesperson with her office says they can’t comment pending litigation, but they did say they’re confident in their defense.

“They were public servants who had worked for the taxpayers in Collier County and who, because they did not support Ms. Kinzel, lost their jobs,” Yormak said. “That’s wrong, and we’re going to do everything in our power to make sure justice is served here.”

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