Mail - Thomas Douglas

Urgent Escalation: Immediate Action Required on Unresolved Payroll, Disability, and Compliance Issues

Thomas Douglas

To:

Wed 7/31/2024 1:54 PM

High importance

July 26, 2024

Chauntriss Herring
Manager, Leave & Disability
Chauntriss.Herring@coxinc.com

Corporate Benefits — Disability Team
LTD@coxinc.com HR Compliance Team cox@service-now.com ethics@coxinc.com Debra.Cornish@cox.com kia.painter@cox.com

ETHICSPOINT: CLAIM NUMBER: 630441559501

Subject: Immediate Attention Required: Multiple Unresolved Issues

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:

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.
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####).
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.
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 (HR the way out yet right that's all right it's all good I feel bad GoogleC1147319), 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:

OFCCP Public Intake Form OMB Control Number 1225–0088
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.

Thank you for your prompt attention to these matters. I look forward to your immediate response.

Sincerely,

Thomas D. Coates

ETHICSPOINT: CLAIM NUMBER: 630441559501

Subject: Urgent Clarification Needed on Payroll Reductions and Unresolved Issues

Thomas - <tdcoates@gmail.com>

Sat, Jul 20, 1:24 PM (6 days ago)

to Azariah, Keith, CEIHRServices, My

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 hope this letter finds you well. I am writing to urgently request clarification regarding the reduction in my pay and hours for the pay period ending July 5th, 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 5th, 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 have significantly impacted my payroll, absences, disability claims, and access to necessary records and procedures.

Specific Policy Infractions, Misstatements, and Erroneous Assumptions:

Misrepresentation of Leave Status:

Policy Reference: Cox Short-Term Disability Policy Section III, Filing for Benefits.
Issue: The letter sent yesterday, incorrectly states that the closure of the MetLife case invalidates my leave without considering my renewed claim and continuous communication with MetLife. This misrepresentation of my leave status creates unnecessary confusion and stress, particularly as I have been diligent in ensuring my claim was refiled correctly due to my doctor's absence.

Incorrect Immediate Return to Work Demand:

Policy Reference: Cox Short-Term Disability Policy, Denied Benefits.
Issue: Demanding an immediate return to work without considering my ongoing health issues and the fact that my claim was withdrawn and refiled under a new claim number due to my doctor being out of the country. This demand does not account for my medical needs and the correct procedural handling of my short-term disability claim.

Failure to Engage in Interactive Process:

Policy Reference: ADA requirements and Cox's Anti-Retaliation Policy, Section III.
Issue: There has been a lack of engagement in the required interactive process for reasonable accommodation. The ADA mandates an interactive dialogue between employer and employee to find suitable accommodations, which has not been adhered to in this case.

Ignoring Provided Documentation:

Policy Reference: ADA requirements for reasonable accommodation.
Issue: Disregarding the documentation already submitted, stating it does not describe the basis for the requests. This oversight fails to recognize the detailed information I have provided about my medical conditions and the accommodations needed.

Privacy Concerns:

Policy Reference: ADA and HIPAA regulations.
Issue: Mishandling and disclosure of personal health information without proper safeguards. This raises significant privacy concerns and violates my rights under HIPAA and ADA.

Conflict of Interest:

Policy Reference: Cox's Anti-Retaliation Policy, Section III.
Issue: Potential conflict of interest in providing balanced and unbiased judgment. The management's involvement in the accommodation process while also being responsible for performance evaluation creates a potential conflict that could compromise the fairness of the process.

Lack of Timely Communication:

Policy Reference: Cox's commitment to timely responses under the Anti-Retaliation Policy.
Issue: Delayed responses affecting payroll, absences, disability claims, and access to necessary records. Timely communication is critical in managing health and employment issues, and the delays have caused significant disruptions.

Insufficient Acknowledgment of Prior Documentation:

Policy Reference: ADA requirements and Cox's Anti-Retaliation Policy.
Issue: Fails to recognize and address detailed submissions regarding accommodations and health needs. This insufficient acknowledgment undermines the process of finding suitable accommodations and addressing my health concerns.

No Follow-up on Previous Requests:

Policy Reference: Cox's Anti-Retaliation Policy, Section III.
Issue: No mention of follow-up on several accommodation requests. The lack of follow-up indicates a disregard for the urgency and importance of my requests for accommodations.

Errors in Occurrence Calculations:

Policy Reference: Cox's company policy guidelines on occurrences and COE Attendance/Paid Time Off Policy .
Issue: Miscalculations in occurrences, ignoring detailed documentation and doctor's notes. Despite providing clear documentation, the errors in occurrence calculations have not been corrected, impacting my attendance record unfairly.

Improper policy adherence and guidance on leave policies:

Policy Reference: Cox Short-Term Disability Policy, Section III and COX HRDIRECT LEAVE OF ABSENCE POLICIES
Issue: Improper policy adherence and guidance on leave policies, including intermittent and reduced schedule leave. Clear understanding of these policies is essential for managing my health and work responsibilities effectively.

Dismissal of Documentation:

Policy Reference: ADA requirements for reasonable accommodation.
Issue: Dismissing previously submitted documentation without considering the detailed medical needs described. This dismissal demonstrates a lack of proper review and consideration of my health requirements and accommodation requests.

Individual Items Requested and Not Received:

Compensation Plan for March, April, May, and June: Despite multiple requests, I have not received the detailed compensation plans for these months.
Access to WFO System: I have repeatedly asked for access to the WFO system to manage my time-off requests, which has not been provided.
Answers to Occurrences Questions: Miscalculations in occurrences, ignoring detailed documentation and doctor's notes, and failing to adjust or respond to documented errors in occurrence records.

According to company policy, absences with a doctor's note should count as one occurrence for consecutive and related days of absence up to one week, which was not appropriately considered.
No review or adjustment of occurrences despite detailed submissions.
Absences should be reviewed for the purpose of Unpaid Leave of Absence, which has not been conducted.

Flexible Leave Suggestions: According to the Short-Term Disability Policy at Cox Communications & Cox Enterprise, Family Care Leave, Serious Health Condition Leave, Military Emergency Leave, and Military Caregiver Leave may be taken intermittently or on a reduced schedule if medically necessary. This has not been adequately addressed.
Clarification on Payroll Reductions: Requested explanations for the reduction in my paycheck, which have not been addressed.
Follow-up on Accommodation Requests: Multiple accommodation requests have not been followed up on adequately.
Clarification on Performance Metrics: Asked for clarification on performance metrics used for evaluations and have not received any information. This lack of response affects my ability to understand and meet the required performance standards, and the incorrect calculations have further complicated my ability to address performance issues accurately.
Review of Absence Policies: Requested a thorough review of the absence policies, including the handling of absences with a doctor's note, which should count as one occurrence for consecutive and related days of absence up to one week. This review has not been conducted.
Medical Certification Clarification: Sought clarification on the required medical certification for accommodation requests, which has not been provided.
Adjustment for Absences: Requested an adjustment for absences to be reviewed for Unpaid Leave of Absence purposes. This adjustment has not been addressed.
Follow-Up on Payroll Errors: Multiple payroll errors affecting my compensation have been reported, and there has been no follow-up or resolution.

Incorrect Wages and Calculations:

I have reported incorrect wages and calculations with evidence and requests for corrections, and these have been ignored. This is documented and violates the following company policy:

"If you believe your wages have been subject to any improper deductions or your pay does not accurately reflect all time worked, you should report your concerns to a supervisor immediately. If a supervisor is unavailable or if you would prefer, contact a Human Resources Business Partner, use the Open-Door policy, or contact the Ethics hotline to voice your concerns.

A reported violation will be promptly and thoroughly investigated and corrective action, up to and including discharge of any employee who violates this policy, will be taken.

In addition, the Company will not allow retaliation against an individual, who, in good faith, reports an alleged violation of any wage and hour law or regulation or of this policy. Any form of retaliation in violation of this policy will result in disciplinary action up to and including termination.

Wage and Hour Policy approved by the policy committee

Thank you for your prompt attention to these matters. I look forward to your immediate response to these questions and concerns.

Sincerely,

Thomas D. Coates

Attendee panel closed