Formal Motion No. 5 - Memorialization, Investigation, and Request for Payroll, PTO, and Audit Documentation

I. INTRODUCTION AND REQUEST FOR DOCKET ENTRY

Complainant Thomas D. Coates respectfully submits this Motion No. 5 to memorialize, investigate, and request production of all payroll, PTO, audit, and system documentation related to the cancellation of PTO requests, payroll changes, and access logs for the period June 2024 through present. This motion is based on direct documentary evidence, including emails and system records, which demonstrate significant contradictions, statutory violations, and potential spoliation in the handling of Mr. Coates' records by Cox Communications and its agents, including but not limited to Ursula Rogers. This motion further requests cross-agency enforcement and referral to the Virginia Equal Opportunity Commission for parallel review and enforcement.

II. MATERIAL EVIDENCE AND SUMMARY OF VIOLATIONS

The attached and referenced email trail and system records show: (a) PTO cancellation justified as an "annual audit" but timed immediately after an investigative request; (b) no interactive process or ADA engagement prior to evidence deletion; (c) contradictory and inconsistent explanations for PTO and payroll changes; (d) potential destruction of evidence during an active EEOC matter; (e) selective application of audit practices; and (f) violations of ADA, FMLA, IRS, WHD, Social Security, and EEOC document retention requirements.

A. Contradictions, Violations, and Misrepresentations

Contradiction in Purpose of PTO Cancellation: Claimed as "annual audit" but done immediately after formal investigative request.
Violation of ADA Interactive Process: No bilateral engagement before evidence-critical PTO cancellation (29 C.F.R. § 1630.2(o)(3)).
Contradiction in PTO Balance Justification: Negative balance cited, but earlier unpaid time was permitted during STD.
Destruction of Evidence: Canceling PTO request cited in an ADA claim may constitute spoliation.
Failure to Document Internally: No pre-communication or documentation of action by Ursula Rogers.
Violation of IRS Recordkeeping: Altering PTO in Workday without audit trail violates 26 CFR § 31.6001.
Disparate Treatment: Selective denial of leave-related PTO compared to similarly situated employees.
Denial of Protected Leave: Failure to safeguard PTO requests during STD and medical treatment (29 U.S.C. § 2601 et seq.).
Breach of Good Faith Standard: No clarification or engagement before cancellation.
Conflicting Narrative on Leave Usage: PTO "available again" in September contradicts July denial.
Retaliatory Timing: Action taken after notification of evidence collection (Burlington N. & Santa Fe Ry. Co. v. White, 548 U.S. 53).
Failure to Notify Employee: No notification to Mr. Coates before deletion.
EEOC Charge Conflict: Removing evidence while charge is pending violates EEOC guidance.
Selective Audit Application: Only Mr. Coates' records were removed, not in bulk.
Mischaracterization of STD Policy: Inconsistent rationale for denial and approval of PTO.
Constructive Obstruction: Deletion of record obstructs ADA claim (constructive obstruction precedent).
No ADA Counselor/Escalation: No indication of ADA counselor involvement or notification.
Conflicting Statements on Status: Voluntary resignation claimed, but active return-to-work plan acknowledged.
Violation of Internal Notification: No engagement about time availability as per policy.
Unauthorized System Change: No justification record for system-level change by Rogers.
Inconsistency on PTO/STD Policy: Retroactive denial contradicts policy allowing concurrent PTO/STD use.
Violation of ADA Return-to-Work: Canceling protected leave without alternatives or support.
Lack of Transparency: No notification of HR actions during open EEOC case.
Failure to Adhere to Preservation Notice: Edits after November 13, 2024, may constitute intentional noncompliance.

B. Disputable Assertions by Cox

“Cox provided extensive accommodations” – Denied noise-canceling headphones and modified breaks.
“Leave was job-protected and extended generously” – Termination threats occurred after missed return.
“Employee failed to return to work” – Documentation shows request for clarification and ADA dialogue.
“Accommodation process was bilateral” – Numerous emails show one-sided communications.
“STD leave prevents PTO approval” – Company documents state PTO can be used during STD.
“Negative PTO balance justified denial” – No contemporaneous denial record from July exists.
“All requests were considered” – Therapist’s October letter not integrated into November response.
“Interactive process is not a requirement” – EEOC and courts assert it is essential.
“Voluntary resignation occurred” – Rebutted by written requests for return-to-work instructions.
“Mr. Coates misrepresented timelines” – Emails show full chronology submitted to HR.
“Cox provided remote equipment timely” – Logs show delay in equipment hand-off.
“Break structure was adjusted” – Only removed paid breaks; did not account for medical need.
“Accommodation requests were granted” – Selective implementation shows otherwise.
“Performance was the issue” – Performance logs during ADA leave periods should not have been generated.
“STD was honored appropriately” – Commission pay was omitted against STD policy.
“Coates refused communication” – All messages indicate active dialogue and requests.
“No evidence supports retaliation” – Timeline and HR actions suggest otherwise.
“FMLA is outside EEOC jurisdiction” – False: Retaliation during protected FMLA is under EEOC review.
“Denial of breaktime accommodations was reasonable” – No risk assessment or medical engagement cited.
“Voluntary resignation occurred on Jan 2” – Medical clearance was pending as of Dec 29.
“Denial of reclassification was justified” – No written analysis provided.
“Audit action was routine” – Audit scope was not disclosed or substantiated.
“Coates rejected accommodation” – Coates responded with clarification and evidence.
“Interactive process was complete” – Process was halted after Nov 20, no contact occurred despite PCP’s involvement.

III. DOCUMENT REQUESTS AND PRODUCTION SPECIFICATIONS

Inclusive User List and Procedural Clarification:
These requests apply to any and all activity, access, or changes to the Workday, PeopleSoft, Microsoft Teams, or HR/payroll records of Thomas D. Coates (including all spellings, user IDs, and account variants), whether performed during employment or post-employment, and regardless of spelling, initials, or user identification on record.

This request specifically includes, but is not limited to, all actions performed by:

Ursula Rogers
Azariah Workman
Donte Holmes
Jennifer Melton
[Additional names to be provided in a supplemental filing]

This request covers any and all activity on the account(s) of Thomas D. Coates, whether by these users or any other HR, IT, management, or administrative personnel, for the entire period of employment and post-employment (including post-January 2, 2025).

No procedural or technical objection shall be raised on the basis of:

Variations in spelling of names or user IDs
Presence or absence of middle initials or alternate identifiers
Changes in user roles, titles, or employment status
Account aliases, legacy system migrations, or system upgrades

This request is intended to be all-inclusive and to capture the full scope of relevant activity, regardless of how the user or account is referenced in any system or record.

Document Category	Date Range	Production Format & Certification
Workday, PeopleSoft, and Payroll System Access Logs (all activity on Thomas D. Coates’ account by all users above)	June 1, 2024 – Present (including post-employment)	Native XLSX/CSV with metadata and digital signature of IT custodian
All internal/external email communications regarding Thomas D. Coates (to/from/cc: any user listed above, including HR, business partners, executives)	June 1, 2024 – Present	PST/EML export with metadata; include all attachments
Microsoft Teams chats and account communications regarding Thomas D. Coates (among any users above and HR/IT/executive personnel)	June 1, 2024 – Present	Exported chat logs, with timestamps and user IDs
Payroll records, PTO requests, cancellations, and audit trails (including all system-level changes by Ursula Rogers and others)	June 1, 2024 – Present	PDF, CSV, or native export; include all payroll generation, file, account login, user input, and changes
Annual Audit Documentation and Peer Comparison Data (PTO audits, similarly situated employees, and all audit scope/criteria)	2023 – Present	Full audit reports, peer group data, and audit policy documentation
Preservation and Deletion Logs (all logs showing deletion, modification, or access to evidence in this matter)	June 1, 2024 – Present	System logs, deletion records, and audit trails
All communications, referrals, and audit records between Cox Communications and the Virginia Equal Opportunity Commission regarding payroll, PTO, and employment records for Thomas D. Coates	June 1, 2024 – Present	All correspondence, audit reports, and referral documentation (PDF, EML, or native format)

Legal Basis: 29 C.F.R. § 1601.18 (EEOC document retention and production); 42 U.S.C. § 12117(a); Federal Rules of Evidence 803(6), 902(11); IRS, WHD, Social Security, and Virginia Equal Opportunity Commission recordkeeping and enforcement standards; and as specifically requested in prior preservation notices and correspondence.

IV. REFERRAL AND ENFORCEMENT REQUESTS

The Complainant respectfully requests that the EEOC and all cross-agency recipients:

Refer all findings, evidence, and potential violations in this matter to the following agencies for independent investigation and enforcement:
- U.S. Department of Justice (DOJ) Civil Rights Division
- U.S. Department of Labor (DOL) Wage and Hour Division (WHD)
- Internal Revenue Service (IRS)
- Social Security Administration (SSA)
- Virginia Equal Opportunity Commission (VEOC)
- Any other relevant state or federal oversight body
Request that the Virginia Equal Opportunity Commission (VEOC) conduct a full audit and enforcement review of all payroll, PTO, and employment records and communications regarding Thomas D. Coates.
Order Cox Communications to produce all communications, referrals, and audit records between Cox and the Virginia Equal Opportunity Commission regarding payroll, PTO, and employment records for Thomas D. Coates.
Distribute a certified copy of this motion and all subsequent productions to all relevant oversight agencies for synchronized review and enforcement.

V. SERVICE CERTIFICATION

I certify that this motion and all supporting exhibits have been served via EEOC Portal and electronic mail to:

Alexander Perez, Investigator, U.S. EEOC – Norfolk Area Office
Attorney Justin Miles, Littler Mendelson, P.C. (for Cox Communications)
Virginia Equal Opportunity Commission (VEOC)
Other designated agency officials as required by protocol

Dated:

VI. CONCLUSION

The documentary record is unequivocal: Cox’s actions and explanations are directly contradicted by contemporaneous evidence, and the handling of payroll, PTO, and audit records raises significant statutory and regulatory concerns. Full production, memorialization, and cross-agency review are required to ensure the integrity of these proceedings.