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Judge Dismisses Ex-Fox Producer’s Retaliation Suit Over Sick Day

Discovery showed he failed to alert his supervisor early enough under D.C. sick leave rules.

A tour group walks by a plaque honoring police service on Jan. 6, 2021 at the Capitol, Saturday, March 7, 2026, in Washington. (AP Photo/Allison Robbert)

Overview

  • The ruling, which came Monday, threw out Jason Donner’s sick-leave retaliation claim and closed his lawsuit against Fox News.
  • Judge Amir H. Ali wrote that records show Donner skipped work and did not tell his boss he was sick until about 11:30 a.m., after telling a coworker mid-morning and his father the day before he planned to call out.
  • Ali said the D.C. sick leave law protects workers who give notice as early as possible, and AP reports Fox also requires notice no later than two hours after a shift start.
  • In 2024, Judge Christopher R. Cooper had already dismissed Donner’s separate claim that he was targeted over his objections to Fox’s 2020 election and Jan. 6 coverage under the D.C. Human Rights Act.
  • The outcome highlights how timing and notice rules, rather than editorial disputes, can decide workplace cases in D.C. courts.