Violation #6: Systemic Failures in Cox Short-Term Disability (STD) Policy Adherence

I. PARTIES AND JURISDICTION

ComplainantThomas D. Coates
Respondent(s)Cox Communications, Inc., MetLife (TPA), [Other relevant parties, e.g., HR Director]
Jurisdiction EEOC Charge No.: 12K-2025-00001
ERISA, 29 U.S.C. § 1132 (if applicable)
State Insurance Commission (for TPA Oversight)
U.S. Department of Labor (for FMLA coordination)

II. TIMELINE OF EVENTS & DISCRETE VIOLATIONS

Date Range Specific Violation Evidence Ref. Policy Section
June 2024 - Termination 1. Pre-disability Earnings Inclusion (Policy §II): Commission excluded from STD payments, affecting financial security Ex. 7A (Payroll records), 7B (STD Payment Statements) Policy §II
July - December 2024 2. Access to Workday (Policy §III): Improper restriction of Workday access, hindering leave management and record review Ex. 7C (Workday Access Logs), 7D (Emails requesting access) Policy §III
September - October 2024 3. Extension of Disability Leave (Policy §III): Extension requests not properly evaluated or facilitated, interrupting benefits continuity Ex. 7E (Emails requesting extensions), 7F (Denial notices) Policy §III
August - November 2024 4. Failure to Notify TPA (Policy §III): Delays or lack of communication from the TPA, reducing transparency and impacting decision-making Ex. 7G (Complaint re TPA delays), 7H (TPA correspondence) Policy §III
October - December 2024 5. Appropriate Care and Treatment (Policy §II): Medical recommendations ignored, jeopardizing safe return-to-work plan (cite erniewood link and doctor's advice) Ex. 7I (Physician's letter), 7J (Accommodation denials) Policy §II
After July 2024 (7-day waiting period) 6. Commission Pay After Benefit Waiting Period (Policy §II): Payments based solely on base salary post-waiting period, affecting financial compensation Ex. 7A, 7B Policy §II
October - December 2024 7. Disability Extensions via Reasonable Accommodation (Policy §III): Accommodation requests denied or delayed, impacting continued leave eligibility Ex. 7E, 7F Policy §III
Ongoing throughout Leave 8. Review of Updated Medical Guidance (Policy §III): New medical evidence ignored, compromising care and recovery during disability Ex. 7K (Updated medical records), 7L (Lack of response from Cox) Policy §III
Upon Denials 9. Communication on Denials (Policy §III): Delayed or incomplete communication about denials, impairing ability to appeal Ex. 7F, 7M (Correspondence lacking denial reasoning) Policy §III
Following Claim Decisions 10. Access to Alternative Leave Options (Policy §III): Alternative leave options not facilitated upon claim denials, impacting income continuity Ex. 7N (Absence of communication regarding other options) Policy §III
October - December 2024 11. Request for Reasonable Accommodation (Policy §II): Return-to-work accommodation requests denied or delayed, jeopardizing safe return to work Ex. 7O (Accommodation requests), 7J Policy §II
Throughout Appeals 12. Timely Appeals Process (Policy §III): Appeal information delayed or unclear, obstructing ability to contest denials Ex. 7P (Incomplete appeals info), 7Q (Lack of documentation) Policy §III
Weekly During Leave 13. Weekly Benefit Adjustments (Policy §III): Delays in resolving discrepancies in benefits, creating financial instability (Include wage theft documentation and time card alteration) Ex. 7R (Complaints regarding benefit errors) Policy §III
Prior to 01/02/2025 14. Compliance with TPA’s Decisions (Policy §III): Cox overruled TPA’s medical recommendations on time for return work. Ex. 6A, 7S (communications indicating policy changes or different interpretation after being approved ) Policy §III
During Time Off 15. Mental Health Considerations (Policy §II): Insufficient support for mental health conditions during disability, neglecting recovery Ex. 7T (Lack of resources or referrals for mental health) Policy §II
Repeated Delays 16. Notification of Changes to Leave (Policy §III): Lack of clear, timely updates on leave status, disrupting planning (Exhibit email from Keith) Ex. 7U (Inconsistent communication) Policy §III
During Time off. 17. No Additional Waiting Period (Policy §II): Imposed waiting periods for successive disabilities Ex. 6A, 7S Policy §II
During time off 18. Workplace System Access (Policy §III): Premature revocation of access to certain systems, creating barriers to tracking leave status. Ex. 7C Policy §III
All time 19. PTO Usage for STD Supplement (Policy §III): PTO use was mandatory but should be an option to the benefit Ex. 7B (explaining PTO was a required), 7U (the policies on PTO). Policy §III
Misaligned STD and FMLA usage 20. FMLA Coordination (Policy §III): Failure to track FMLA concurrently with STD The TPA's record is not what Cox records state.. Policy §III

III. STATUTES AND POLICIES VIOLATED

Statute/Regulation Description Policy Guidance
ADA, 42 U.S.C. § 12112 Failure to provide reasonable accommodation and discriminatory practices in leave management EEOC Enforcement Guidance on Reasonable Accommodation and Undue Hardship
ERISA, 29 U.S.C. § 1132 If the STD plan is governed, this violation fails to comply with plan terms, which can be a reason for ERISA filing DOL Guidance on ERISA Compliance
FMLA, 29 U.S.C. § 2614 Interference with restoration rights after FMLA leave and lack of Concurrent leave of usage. 29 C.F.R. § 825.214-.216
https://erniewood.neocities.org/NOW.html/0000000000adaformcoa07192024 ADA FORM The person took the time to do an action so it is to be respected. So there must be reasonable action.

IV. MATERIAL INCONSISTENCIES & FALSE ASSERTIONS

Assertion/Statement Source Contradictory Evidence Implication
"Cox followed STD policy" (Likely assertion from Cox) The lack of information, the miscalculation, that occurred . The statements here are false and this is to illustrate they are in non-compliance. .

V. POLICY ANALYSIS

Policy Requirement What Should Have Happened Actual Action Deviation
Accurate Benefit Payments and Transparent Communication Accurate, consistent application of policy, timely updates Numerous discrepancies, delays, and misinformation Policy violations caused financial harm and emotional distress.
Good Faith Interactive Process Under ADA Engage in meaningful discussions, accommodating known disabilities Obstacles to appropriate care, lack of respect for need to return to work safely. Denying accommodations made recovery and re-entry very impossible.

VI. RESPONSIBLE PARTIES & RELATED INDIVIDUALS

Name Title/Role Involvement
[HR Manager] Managing day-to-day processes, not following to the form. They did not have the training or expertise in the matter, creating a mess.
[TPA Contact] Managing STD claims. They made decisions without consulting complainant..
Key to make sure policy changes were made . Kia painter was to be held at highest level of responsibility. Kia Painter failed to ensure training and resources or to respond.

VII. PRIOR FILINGS & EVIDENCE OF PATTERN

Date Filing/Agency Case/Reference Status/Outcome
1775. This retaliatory action was in response to Anderson’s request for reasonable 1776. accommodation. 1777. Such termination constituted a retaliatory discharge in violation of 42 U.S.C. § 12203 et seq. and NRS 613.340. 1778. By taking these adverse actions, Defendant has engaged in a discriminatory practice with malice and/or with reckless disregard to Anderson’s protected rights. As a result, Anderson has been damaged.. Federal Nerc v. Anderson Pattern of ignoring accommodation requests.

VIII. EXHIBITS & EVIDENCE

IX. RELIEF AND REMEDIES SOUGHT

  1. Immediate correction of STD calculation and payment.
  2. Retrain HR and the TPA to proper follow of policy.
  3. Make it clear to follow protocol and the laws of FMLA and ADA

X. SERVICE AND NOTICE TO THIRD PARTIES

Notice: This addendum is intended to satisfy the recordkeeping, disclosure, and transmission requirements of all referenced agencies and courts. All parties are requested to preserve, review, and incorporate this record in accordance with applicable law.
Respectfully Submitted,
/s/ Thomas D. Coates
tdcoates@gmail.com  |  (757) 374-3539
Dated: May 27, 2025