A federal judge sided with Fox News in a former reporter’s retaliation lawsuit, concluding that he was not unlawfully fired after he took a sick day.
Jason Donner, who had been a Capitol Hill producer, filed suit almost three years ago, claiming that he was dismissed after complaining about the network’s coverage of the aftermath of he 2020 presidential election and the attack on the Capitol on Jan. 6, 2021.
A federal judge, Christopher Cooper, tossed out that part of the lawsuit in 2024, but allowed another claim — that Donner was retaliated against for calling in sick — to proceed.
In his ruling issued on Monday, U.S. District Judge Amir Ali, who was later assigned to the case, wrote in his opinion that although Donner claimed that he called in sick before his workday on Sept. 26, 2022, the the discovery process showed a “different picture.”
“The record shows that, on the morning at issue, Donner did not go to work and did not tell his supervisor he was sick until after 11:30 a.m., at the earliest,” the judge wrote. Ali noted that, in order to be protected under the Sick Leave Act, a person has to give notice “as early as possible, in advance of the paid leave.”
The judge wrote that “the undisputed evidence shows Donner did not tell his supervisor her was sick on Sunday or early Monday morning, did not show up to work, told his coworker (but not his supervisor) that he was unwell mid-morning, went back to sleep and told his supervisor only around midday.”
His supervisor, Nunu Japardize, the director of news development, testified that she allowed him to take leave after he called her. But the judge cited testimony that Donner had told his father his father the day before that he planned to call in sick, concluding that it showed he did not contact his supervisor “as soon as possible.”
Donner’s attorney did not immediately return a request for comment.
