Judge dismisses lawsuit against Fox News in sick leave dispute with fired journalist

WASHINGTON — A judge has dismissed a lawsuit against Fox News, which was sued by a fired journalist who had accused the network of violating sick leave law and also targeting him for political views.

Jason Donner lost the sick leave claim Monday, the last remaining issue in his lawsuit in federal court in Washington.

Donner was fired in 2022. He was accused of failing to give proper notice when taking a sick day and having a contentious, unflattering phone conversation with his boss about it.

U.S. District Judge Amir Ali ruled in Fox's favor, saying Donner's conduct was not protected by the District of Columbia's sick leave law. The judge noted that Fox requires an ill employee to contact a supervisor as soon as possible and no later than two hours after a start time.

Earlier in the litigation, Donner separately said he was also fired as part of a “purge” of employees who refused to report only information that would “appease” President Donald Trump and his supporters during his first term.

Donner said he had been inside the Capitol on Jan. 6, 2021, and called to scream at the control room when he learned Fox News was referring to the rioters as peaceful. Fox denied any discrimination against him.

U.S. District Judge Christopher Cooper dismissed that claim in 2024.

“Though his amended complaint suggests that he may have been terminated for speaking out against Fox’s reporting, no established public policy prevents Fox from cutting ties with an employee who objects to its editorial decisions,” Cooper said.