EXHIBIT: ESCALATION OF UNRESOLVED PAYROLL, LEAVE, AND RETALIATION ISSUES
Memorialization of Internal Escalation and Cross-Agency Notification
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This section memorializes formal written escalation to Cox Communications’ HR, Compliance, and Executive teams regarding unresolved payroll discrepancies, disability and leave requests, and ongoing retaliation, as documented in correspondence dated July 20 and July 26, 2024.
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The record demonstrates repeated, good faith efforts by the Complainant to resolve these issues internally, including detailed documentation of payroll errors, disability and leave requests, and open HR cases.
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Despite these efforts, the Complainant’s requests were ignored or inadequately addressed, resulting in unjust pay cuts, unresolved HR cases, and ongoing harm. These failures were escalated to EthicsPoint (Claim No. 630441559501) and are now memorialized for EEOC and cross-agency review.
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This correspondence is entered into the permanent administrative record for EEOC Charge No. 12K-2025-00001 and is mirrored to the U.S. Department of Labor, U.S. Department of Justice, Virginia Office of the State Inspector General, and other oversight agencies for independent review.
I. JULY 20, 2024: URGENT CLARIFICATION NEEDED ON PAYROLL REDUCTIONS AND UNRESOLVED ISSUES
Date: July 20, 2024
To: Azariah Workman, Keith Wilson, CEIHRServices, MyServiceNow
From: Thomas D. Coates
Subject: Urgent Clarification Needed on Payroll Reductions and Unresolved Issues
Dear Azariah,
As discussed before, I am already in communication with other leadership structures within Cox who may have an interest in helping with these dilemmas and bringing resolution. Due to the protection and clarity that written communication provides, I believe it is best for us to proceed in writing.
I am writing to urgently request clarification regarding the reduction in my pay and hours for the pay period ending July 5, 2024. Despite multiple inquiries, I have yet to receive an explanation for why my pay was cut, why my hours were reduced, and the basis for these adjustments. It is imperative that you provide a clear and detailed response to these questions:
- Why was my pay reduced for the pay period ending July 5, 2024?
- What is the reason for the reduction in my hours for this period?
- What is the specific explanation for the overall decrease in my compensation?
- Is this reduction related to any retaliation for raising concerns about payroll and absences miscalculations?
- Is it standard procedure to make such deductions under these circumstances?
I have repeatedly asked for this information, and the lack of a response has created significant uncertainty and stress. I believe that these changes were made prematurely, before any resolution or determination regarding my short-term disability and leave status.
Furthermore, there has been a consistent lack of follow-through and responses to important requests that I have made regarding my employment, compensation, and protected leave rights.
II. JULY 26, 2024: ESCALATION TO ETHICSPOINT AND HR/COMPLIANCE LEADERSHIP
Date: July 26, 2024
To: Chauntriss Herring (Manager, Leave & Disability), HR Compliance Team, Corporate Benefits – Disability Team, Debra Cornish, Kia Painter, EthicsPoint
From: Thomas D. Coates
Subject: Immediate Attention Required: Multiple Unresolved Issues
Claim Number: 630441559501
Dear Ms. Herring, Ms. Kia, Ms. Cornish, and HR Compliance Team,
I am writing to express my deep frustration and disappointment with the ongoing lack of action regarding my numerous requests and reported issues, despite having contacted EthicsPoint and other responsible parties within Cox Communications. The following is a brief history of the most flagrant requests that have been ignored, which I believe constitute significant process and compliance failures:
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Payroll Discrepancies: I have repeatedly requested investigations into payroll discrepancies that significantly impact my financial stability. Despite providing detailed documentation and evidence of errors, these requests have been consistently ignored.
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Disability and Leave Requests: I have submitted multiple requests for disability accommodations and leave, all of which have been either ignored or inadequately addressed. My short-term disability claim is still active and pending with MetLife, and I am in constant communication with my Claims Specialist and Medical Providers (Thomas Coates Claim Number: MLE-105####).
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Immediate Pay Cut: My pay was unjustly cut before any corporate policy or guidelines were scheduled to take effect, without any explanation or communication. This action violates both company policy and federal guidelines.
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Unaddressed HR Cases: Despite multiple submissions, my cases within the HR system remain unresolved. The following are current open requests in the HR system:
- General Inquiry case for Thomas Coates - 00812404 (HRC1147319), Ready, Created 36 days ago
- General Inquiry case for Thomas Coates (HRC1149551), Ready, Created 25 days ago
- Performance: Compensation for Thomas Coates - 00812404 (HRC1149024), Ready, Created 29 days ago
- Leave Of Absence case for Thomas Coates - 00812404 (HRC1152131), Work in Progress, Updated 23 hours ago
- General Inquiry case for Thomas Coates (HRC1148762), Ready, Created 11 days ago
- General Inquiry case for Thomas Coates (HRC1148753), Ready, Created 30 days ago
I am now escalating this matter further and will be filing formal complaints with the following agencies due to the inaction and non-compliance observed:
- Office of Civil Rights and Compliance Programs (OCCPL)
- Wage and Hour Division (WHD)
- Virginia Employment Commission
- Equal Employment Opportunity Commission (EEOC)
- Americans with Disabilities Act (ADA)
As per federal case law and regulatory agency guidance, there are three essential elements in a claim of retaliation:
- Protected activity.
- Adverse action.
- Causal connection.
I believe my situation clearly demonstrates all three elements. Therefore, I am seeking an immediate resolution to these issues. I have attached pertinent legal guidance, Enforcement Guidance on Reasonable Accommodation and Undue Hardship under the ADA - U.S. Equal Employment Opportunity Commission, for your reference.
Furthermore, I have submitted several reports through EthicsPoint and, to date, there has been no activity or response to these reports. I urge you to check EthicsPoint for background information on these issues.
Confidentiality Notice:
The information contained in this communication is confidential and intended for the use of the recipient named above. This information should not be shared, disclosed, or distributed in any form without the explicit consent of the sender. Any unauthorized review, use, disclosure, or distribution is prohibited and may violate applicable laws, including but not limited to ADA and HIPAA requirements. Please ensure that this communication reaches the correct responsible party if you are not the intended recipient.
III. LEGAL AND REGULATORY IMPLICATIONS
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The above correspondence and escalation efforts are evidence of ongoing retaliation, failure to accommodate, and non-compliance with ADA, FMLA, and wage laws, as well as potential HIPAA violations.
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These records are memorialized as part of the permanent EEOC record and are subject to cross-agency audit and enforcement.
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The Complainant respectfully requests that the EEOC and all agencies require sworn affidavits from all personnel involved in these communications and records, and that all records be preserved for independent review.
IV. CONCLUSION
The above correspondence, as memorialized from July 20 and July 26, 2024, demonstrates ongoing and unresolved payroll, leave, and retaliation issues. These communications are submitted for entry into the EEOC record and for cross-agency review and enforcement.
Respectfully Submitted,
/s/ Thomas D. Coates
Thomas D. Coates
tdcoates@gmail.com | (757) 374-3539
Dated: May 20, 2025