Key Points
- A federal judge ruled in favor of Paramount, finding former WJZ General Manager Audra Swain was not entitled to a performance bonus and failed to prove retaliation.
- Court records showed ongoing performance, professionalism and attendance issues documented by senior leaders and HR throughout 2021.
- Swain was terminated in early 2022 after disability leave and workplace concerns, and her zero percent performance rating made her ineligible for a 2021 incentive payout.
A federal judge has sided against a former executive who oversaw the operations of a Paramount-owned CBS station who sued the company for not paying out a bonus she felt was owed upon her termination.
In a decision issued Wednesday, U.S. District Judge Stephanie Gallagher rejected claims brought by Audra Swain, the former Vice President and General Manager of WJZ (Channel 13) in Baltimore, finding that Swain couldn’t prove Paramount terminated her employment because she complained about not being paid out a performance-based bonus.
Swain also alleged Paramount’s fired her after she objected to their use of AudNet, a software-based sales platform, which was used to evaluate her performance and eligibility for the bonus.
Swain joined Paramount and WJZ in 2017 after serving in senior-level roles at Sinclair. Her hiring at CBS marked a return to a market where she built the early part of her management career.
In August 2021, Swan’s supervisor became Adrienne Roark, the President of CBS Stations on the East Coast, who expressed concerns about Swain’s performance in a sworn deposition that came before the judge’s order.
Court filings show Swain’s performance became a concern among senior leaders and human resources during 2021. Roark stated in a declaration that Swain “was hard to reach, took vacation without leaving anyone in charge or any direction for her staff while she was gone, and did not appear to have a good understanding of what was going on at her station.” (Roark left Paramount for TEGNA earlier this year; her departure was not related to the lawsuit.)
Swain acknowledged difficulties in a September 2021 questionnaire for her psychiatrist, writing, “At my job, I am not able to make clear and concise decisions. I cannot focus and am angry,” the court records show.
Human resources officials also documented professionalism and attendance issues. Cynthia Glasgow, Senior Vice President of Human Resources for CBS News & Stations, said she counseled Swain over background noise and an unmuted microphone during a confidential managers’ Zoom meeting. CBS cited other incidents, including Swain’s use of a curt word during a call while an executive was speaking.
CBS placed Swain on unpaid leave and issued a formal performance warning on August 26, 2021. Shortly after, Swain sought short-term disability leave, citing mental health struggles, court records show.
Swain received full salary benefits through mid-December before the benefit dropped to 70 percent of her pay. She asked the company if she could apply for paid time off in order to deal with her health issues; court records show a disability insurer called UNUM denied her request, though CBS later granted the request after her psychiatrist asked to alter her return-to-work date.
Swain returned to WJZ on January 10, 2022. Within days, employees reported that she left her daughter and dog outside in a car without the engine running for three hours in cold weather while she was inside the building. Two senior employees resigned weeks later, citing ongoing concerns, according to court documents.
Paramount terminated Swain on February 15, 2022, with her exit effective March 1. CBS later named Kathy Hostetter as the new general manager of WJZ.
Because her individual performance multiplier for 2021 was zero percent, Swain did not receive a short-term incentive payout. CBS argued the plan clearly stated that any bonus “will be determined on an annual basis and will depend on company and individual performance.”
This week, a federal judge agreed, granting Paramount summary judgment that closed out the two-year dispute. It was not clear if Swain intended to appeal the matter to a higher court.
