Florida Verdicts

Plaintiff(s):

Jacques Durr (Male, 60 Years)

Plaintiff Attorney(s):

J. Robert McCormack;
Ogletree Deakins Nash Smoak & Stewart, PC;
Tampa,
FL,
for
Jacques Durr ■ Lara J. Peppard;
Ogletree Deakins Nash Smoak & Stewart, PC;
Tampa,
FL,
for
Jacques Durr

Defendant(s):

Eric K. Shinseki

Defense Attorney(s):

Scott H. Park;
U.S. Attorney’s Office;
Orlando,
FL,
for
Eric K. Shinseki ■ Erik Kenneth Stegeby;
U.S. Attorney’s Office;
Tampa,
FL,
for
Eric K. Shinseki

On Nov. 7, 2008, plaintiff Jacques Durr, 60, a nephrologist, was terminated from his positon with Bay Pines Veteran’s Administration Healthcare System in Pinellas County. Durr sued Eric K. Shinseki, U.S. Secretary of Department of Veteran Affairs (VA), alleging claims of age discrimination, retaliation and wrongful discharge and/or constructive discharge. Durr was hired as a physician with the Bay Pines VA in 1989. Durr claimed he complained about alleged discriminatory treatment against ethnic and minority groups throughout his employment at Bay Pines. Durr claimed he made complaints about alleged discriminatory comments relating to doctors of Middle East descent, women doctors and others. Durr also claimed he was an outspoken advocate of equal pay for older physicians at Bay Pines. In 2006, Durr claimed he was placed on a two-year probationary period, in spite of two decades of dedicated service during which he consistently received very high performance ratings. Durr claimed in the summer of 2008 he complained to the Human Resources department that the manner in which Bay Pines was applying Physician Market Pay was discriminating against older physicians. Durr claimed he was retaliated against by his superior, who gave him his first ever "unsatisfactory" performance rating in October 2008. Durr claimed on Oct. 30, 2008, a termination letter dated Oct. 29, 2008 was delivered to him, stating that his employment will be terminated effective Nov. 7, 2008, just days shy of his completing the two-year probationary period. Durr claimed he reluctantly took retirement on the date of the termination of his employment took effect, and that his retirement constitutes a constructive discharge. The defense denied all of Durr’s allegations. Defense counsel claimed Durr was terminated after receiving an unsatisfactory performance evaluation due to poor work performance and interpersonal skills. The defense claimed his performance rating was reviewed by a panel of three impartial doctors, who recommended Durr’s separation from employment. Defense counsel claimed the panel reviewed an evidence file showing Durr neglected to co-sign resident’s medical notes for months, failed to respond to his pager or answer e-mails, yelled at nursing staff in front of patients, and even yelled at patients. The defense further argued that failing to perform job duties is a legitimate, non-discriminatory and non-retaliatory reason for discipline. The defense also argued that at least one other nephrologist who was four years older than Durr was given almost $20,000 more in annual market pay salary than Durr, contrary to Durr’s claim the compensation panel discriminates against older doctors in awarded market pay.

Durr sought to recover back wages and benefits.

Prior to trial, the case was settled for $500,000

Judge:

Anthony E. Porcelli

This report is based on information that was gleaned from court documents and defense counsel. Plaintiff’s counsel did not respond to the reporter’s phone calls.