Formal Demand for Remediation of Wrongful Termination
To: Ms. Kia Painter
Subject: Formal Demand for Remediation of Wrongful Termination and Owed Compensation
Dear Ms. Painter,
This letter serves as formal notice regarding my wrongful termination from Cox Communications, discovered only upon my inability to access the Workday system. This termination, executed without notice or justification, reflects the most egregious form of retaliation and discrimination against an employee exercising their rights under the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and other federal protections.
Immediate Demands for Owed Compensation
As a result of this unlawful termination, I demand the following actions and payments to be addressed within five (5) business days:
- Reconciliation and Payment of Unpaid Wages: Full payment for the documented $0 paycheck covering an entire one-month period when Cox failed to provide compensation for wages earned.
- Full Back Pay: Compensation for all unpaid wages and commissions dating back to March 2024, including earnings withheld due to payroll errors, misclassification, and failure to properly calculate and pay commissions.
- PTO and Benefits Payout: Payment for all accrued but unused PTO, including corrections for previously documented miscalculations of PTO balances. This demand includes proper calculation of balances that Cox failed to address in prior communications.
- Missed Commissions: Immediate payment of all commissions earned but unpaid, including those omitted during periods of short-term disability and approved leaves.
- Final Wages and Benefits Continuation: Full payment of final wages and immediate issuance of COBRA continuation documents to ensure uninterrupted access to healthcare coverage.
Violations and Retaliatory Intent
This termination highlights a persistent and escalating pattern of non-compliance and retaliation, including but not limited to:
- Miscalculation of PTO and Wages: Your failure to rectify known miscalculations of PTO balances and to issue proper payment reflects deliberate negligence.
- ADA Violations: Cox failed to engage in the interactive process or provide reasonable accommodations prior to this adverse employment action.
- FMLA Violations: Terminating my employment during or following an approved leave period without proper notification contravenes FMLA obligations.
- Retaliatory Practices: The $0 paycheck for one month and continued non-payment of owed wages underscore a retaliatory intent against my lawful exercise of protected rights.
Notice of Escalation
If the outlined demands are not fully met within the specified timeframe, I will take immediate steps to escalate this matter, including:
- Filing new charges with the EEOC for retaliation, discrimination, and wage theft.
- Filing complaints with the Department of Labor (Wage and Hour Division) for violations of the Fair Labor Standards Act (FLSA) and unpaid wages.
- Updating my existing complaints with the DOJ Civil Rights Division to reflect this wrongful termination.
- Seeking intervention from state-level labor and civil rights agencies to pursue additional charges.
Conclusion
The termination of my employment without notice, compounded by prior violations such as wage theft, commission non-payment, and PTO miscalculations, reflects a blatant disregard for legal and ethical obligations. I demand immediate corrective action to resolve these outstanding matters and prevent further escalation.
Ms. Painter, as the Senior Executive responsible for overseeing this matter, your direct accountability will be noted in all filings and actions resulting from this wrongful termination.