Here's the Circuit Court complaint filed by former St. Johns County Growth Management employee
Ms. Ava Pyszctmuka against St. Johns County:
IN THE CIRCUIT COURT OF THE
SEVENTH JUDICIAL CIRCUIT, IN AND
FORST. JOHNS COUNTY, FLORIDA
AVA PYSZCZYMUKA,
Plaintiff,
Case No.: 552025CA001430A000MXV.
Division: 99
ST. JOHNS COUNTY,
Defendant.
/
COMPLAINT FOR RELIEF AND DEMAND FOR JURY TRIAL
COMES NOW, Plaintiff, AVA PYSZCZYMUKA, by and through the undersigned attorneys and files this Complaint for ReliefandDemandfor Jury Trial against Defendant St. Johns
County, and In support thereof states as follows:
NATURE OF ACTION
1. This is an action brought by Plaintiff for monetary damages and to enjoinDefendant’s retaliatory practices as prohibited by the Florida Public Sector WhistleblowerAct, §
112.3187, Fla. Stat.
2. This is an action for damages in excess of $50,000.00.
3. At all times material, Plaintiff resided in St. Johns County, Florida.
4. Defendant’s Board ofCounty Commissioners is the legislative and governing body
Johns County and has the delegated authority described in Florida Statutes section 125.01,
ofSt. et. Seq.
Statutes section 125.15.
5. 6. Defendant is the properly named party in the instant action pursuant to Florida Defendant is an agency as defined by Florida Statutes section 112.3187(3)(b).
Accepted 10/14/2025 08:29 AM by the Clerk of the Circuit Court, St. Johns County, Florida, DIN: 67. Plaintiff is an employee as defined by Florida Statutes section 112.3187(3)(c).
8. The actions and occurrences resulting in the instant litigation occurred within St. Johns County, Florida.
9. Venue is proper in this Court.
GENERALALLEGATIONS
10.‘ During the relevant time period, Plaintiff was employed as an Application Review Supervisor within Defendant’s Growth Management Services Department.
11. On approximately August 5, 2024, one of Plaintiff’s subordinate employees notified her that a security guard working in the office was sexually harassing her on the job, including making inappropriate statements to the employee because ofher sex, in a manner that made the employee uncomfortable..
12. In response to the report of workplace sexual harassment, Plaintiff notified her second-line supervisor ofharassment and expressed her concerns about the employee’s workplace safety because the security guard carried a gun.
13. Management refused to escalate the report to human resources, including when Plaintiff escalated her complaints to her department’s director, and permitted the security guard to continue working normally, promptingPlaintiffto report the workplace harassment to Defendant’s
human resources department on approximately August 6, 2024.
14. After Plaintiff escalated the complaints ofworkplace sexual harassment to human
resources, the security guard accused of having engaged in harassment was removed from the
office.
15. OnAugust 28, 2024, Defendant issued a corrective action notice against Plaintiff
arising from her complaints about the security guard’s harassment, alleging that Plaintiff
2“overreacted” to the harassment, “misrepresent[ed]” the employee’s concern and asserted that
Plaintiffimproperly “threaten[ed] to goto HR” and “demand|[ed] the guard’s immediate removal.”
16. On September 13, 2024, Plaintiff's department director told Plaintiff that the
corrective action notice was issued because Plaintiff“ overstep[ed]” when she reported workplace sexual harassment to human resources.
17. Plaintiff immediately reported the issuance ofthe corrective action notice to human
resources out of concern that she was being subject to retaliation.
18. |When human resources failed to respond to Plaintiff’s concerns that the corrective
action notice evinced Defendant’s intent to retaliate against her for reporting workplace sexual
harassment, on September 15, 2024, Plaintiff reported her concerns to County Administrator Joy
Andrews, who responded she would follow up, but did not appear to take further action.
19. On January 28, 2025, Defendant provided Plaintiff with her annual performance
review appraisal, which rated Plaintiff a 2/5, indicating she “does not meet expectations” in the
area of“self-awareness.” In support of this rating, Defendant cited the August 28, 2024 corrective
action notice.
20. On January 28, 2025, Plaintiffmetwith her supervisor to request an opportunity to respond to the allegations in the self-awareness section of the annual performance review
appraisal, to whichher supervisor respondedbyyelling at Plaintiffthat she is “done” with Plaintiff,
ordering her to “get out” ofthe office.
21. Immediately thereafter, Plaintiff reported the incident to Defendant’s human
resources department.
22. On February 3, 2025, after having received no communication to address the
January 28th incident, Plaintiff escalated her concerns to Defendant’s five county commissioners
3via email. In her email, Plaintiff reported concerns about the retaliation to which she had been
subjected as a result ofher reporting workplace sexual harassment to human resources.
23. On February 4, 2025, Defendant’s Board of County Commissioners called for an
investigation into Plaintiff’s complaints ofretaliation.
24. Two days later, on February 6, 2025, Plaintiffwas escorted out ofthe building and placed on administrative leave without explanation.’
25. Defendant did not provide Plaintiff with any explanation for her placement on
administrative leave.
26. An investigation was performed, which notably excluded any interview with
Plaintiff, and determined in a March 4, 2025 report that Plaintiff’s complaints regarding retaliation
were unsubstantiated.
27. Over one month after the investigation concluded, on April 14, 2025, Defendant terminated Plaintiff’s employment.’
28. Defendant unlawfully retaliated against Plaintiff, in violation of Florida Statutes
section 112.3187 when it terminated her employment based on her objections to a violation of a
law, rule, or regulation, specifically, her objections to (a) workplace sexual harassment; and (b)
retaliation in response to her reports ofworkplace sexual harassment.
29. As a result of her termination, Plaintiff has suffered, and continues to suffer
financial harm, including, but not limited to, lost wages, benefits, pension contributions, pain and
suffering and emotional distress, attorneys’ fees, and costs.
' Plaintiff did not suffer any loss ofcompensation or benefits while on administrative leave.
* Plaintiff remained on administrative leave from February 4, 2025 through her April 14, 2025
termination.
WHEREFORE, Plaintiff requests that this Court enter judgment for Plaintiff and against
Defendant, reinstate Plaintiff to the same position she held before the adverse action was
commenced, or to an equivalent position, or reasonable front pay as alternative relief; reinstate
Plaintiff’s full fringe benefits and seniority rights; compensation Plaintifffor lost wages, benefits,
or other lost remuneration caused by the adverse action; compensate Plaintiff for her pain,
suffering, and emotional distress, pay Plaintiffreasonable costs, including attorneys’ fees, pursuant
to § 112.3187(9)(d), Fla. Stat.; pre- and post-judgment interest; and any other and further relief
this Court deemsjust and proper.
DEMAND FOR JURY TRIAL
Plaintiff hereby requests a trial by jury on all issues so triable.
Respectfully submitted this 10th day of October 2025.
DELEGAL&POINDEXTER
& UNDERKOFLER P.A.
/s/ Alexandra E. Underkofler
T.A. “Tad” Delegal
FL Bar No. 0892701
Email: tad@delegal.net
James C. Poindexter
FL Bar No. 116039
Email: james@delegal.net
Alexandra E. Underkofler Fla.
Bar No.: 1018209
Email: alex@delegal.net
424 East Monroe Street
Jacksonville, FL 32202
Phone (904) 633-5000
Facsimile (904) 358-2850
Attorneys for Plaintiff
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