2 months ago
A national judge sided pinch Fox News successful a erstwhile reporter’s retaliation lawsuit, concluding that he was not unlawfully fired aft he took a sick day.
Jason Donner, who had been a Capitol Hill producer, filed suit almost 3 years ago, claiming that he was dismissed aft complaining astir nan network’s sum of nan aftermath of he 2020 statesmanlike predetermination and nan onslaught connected nan Capitol connected Jan. 6, 2021.
A national judge, Christopher Cooper, tossed retired that portion of nan suit successful 2024, but allowed different declare — that Donner was retaliated against for calling successful sick — to proceed.
In his ruling issued connected Monday, U.S. District Judge Amir Ali, who was later assigned to nan case, wrote successful his sentiment that though Donner claimed that he called successful sick earlier his workday connected Sept. 26, 2022, nan the find process showed a “different picture.”
“The grounds shows that, connected nan greeting astatine issue, Donner did not spell to activity and did not show his supervisor he was sick until aft 11:30 a.m., astatine nan earliest,” nan judge wrote. Ali noted that, successful bid to beryllium protected nether nan Sick Leave Act, a personification has to springiness announcement “as early arsenic possible, successful beforehand of nan paid leave.”
The judge wrote that “the undisputed grounds shows Donner did not show his supervisor her was sick connected Sunday aliases early Monday morning, did not show up to work, told his coworker (but not his supervisor) that he was unwell mid-morning, went backmost to slumber and told his supervisor only astir midday.”
His supervisor, Nunu Japardize, nan head of news development, testified that she allowed him to return time off aft he called her. But nan judge cited grounds that Donner had told his begetter his begetter nan time earlier that he planned to telephone successful sick, concluding that it showed he did not interaction his supervisor “as soon arsenic possible.”
Donner’s lawyer did not instantly return a petition for comment.
