Fox News asks judge to dismiss former reporter’s retaliation lawsuit

Fox News asks judge to dismiss former reporter’s retaliation lawsuit

Fox News is asking a federal judge to throw out a former Capitol Hill reporter’s claim that he was fired after he complained about the network’s coverage of the 2020 presidential election fallout and the January 6, 2021 attack on the Capitol Table.

In a lawsuit filed last month, Jason Donner claimed he was fired after complaining in writing to Fox News’ human resources department and to his boss, NuNu Japaridze. He also claimed he was fired for calling in sick, a violation of the District of Columbia’s sick leave law.

“Once the inflammatory rhetoric is removed from the complaint, it is clear that plaintiff Jason Donner has no enforceable claim against his former employer,” Fox News attorneys wrote in a motion to dismiss.

They argue that Donner’s claim that the company violated a provision of the DC Human Rights Act that prohibits discrimination based on political beliefs does not apply in this case.

“Rather assuming for purposes of this motion that everything alleged in the complaint is true (which it is not), Plaintiff has at most alleged that he was fired because he was personally involved in the.” “I didn’t agree. with the way FNN did its reporting,” the lawyers wrote.

DC’s Human Rights Act does not protect “employees of news media organizations based on their differences of opinion regarding reporting and commenting on matters of public interest,” they wrote, and the law itself only extends “to the status of membership in or endorsement of a political party.”

Donner was fired on September 28, 2022 and was given two reasons: he was late for work and he did not show up for work. His lawsuit said he called in sick two days earlier because he was suffering from the after-effects of the Covid vaccination.

“However, the only concrete report of his absence that he records is from the following day, September 27, 2022, when [his supervisor] Ms. Japaridze was forced to call him to get an explanation,” Fox News’ lawyers wrote. “Plaintiff admits that during this conversation his supervisor believed he was ‘irresponsible’ in the way he handled the matter.”

Fox’s lawyers also allege that Donner failed to comply with the termination provisions of DC’s sick leave law. They wrote that Donner was denied medical leave and was already granted medical leave “without incident” in 2022.

Donner “completely ignores that he was given multiple reasons for his firing, including that he was late for work.” However, Plaintiff does not allege that he was late for work due to protected sick leave.

In his lawsuit, Donner’s attorneys wrote that in August 2022, he met with human resources via Zoom for more than two hours and complained “about Tucker Carlson’s false reporting and toxic environment.”
This is breeding at Fox News, as is the network’s lack of support for reporters.”

Donner’s lawyers claim his firing was a pretext based on his political views and beliefs and his refusal to provide false information about the 2020 election and January 6.

They wrote that when he was told he was fired “for being late for work and not showing up for work,” he asked DC’s office manager for samples. [D.C. bureau chief Bryan] Boughton said, “We don’t need one.”

“Ultimately, Fox News sought to purge the news division of any employees who failed to comply with instructions to report only information that would appease Trump supporters and former President Trump,” Donner’s lawsuit said.

Donner now works as a senior aide to Rep. Brian Fitzpatrick (R-PA).

His lawsuit alleges wrongful termination and discrimination and retaliation under the DC Human Rights Act. The lawsuit was filed in DC Superior Court, but Fox News referred it to US District Court.

The lawsuit seeks unspecified compensatory and punitive damages and other relief.

Source: Deadline

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