Why a Fox News producer’s sick day failed D.C. leave protections
A federal court sided with Fox News in a sick day termination lawsuit, ruling the employee failed to follow basic call-in procedures.
The decision, handed down on March 30, 2026 by Judge Amir H. Ali of the U.S. District Court for the District of Columbia, granted summary judgment to Fox News, ending the case brought by Jason Donner, a former Capitol Hill producer who had worked at the network since 2010. Donner claimed Fox News violated the D.C. Accrued Sick and Safe Leave Act when it fired him in September 2022 after he missed a day of work due to illness. The court found that Donner never had a protected claim to begin with because he did not notify his supervisor in a timely manner.
The facts that emerged during discovery painted a picture that will feel uncomfortably familiar to anyone who has ever managed attendance issues. Donner knew on a Sunday evening that he was too ill to work the next day. He told his father as much. He did not, however, tell his supervisor, Nunu Japaridze, or anyone else at Fox News. When Monday morning came, he still did not reach out. A coworker texted him that morning about covering an event, and Donner responded shortly before 10:00 a.m., saying he was struggling with his depression. The coworker told him to contact Japaridze. Instead, Donner went back to sleep. He did not call his supervisor until sometime after 11:30 a.m. Japaridze told him to take the day off and take care...
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