The email thread dated August 2, 2024, from Mr. Thomas D. Coates to Cox Communications, including Azariah Workman and the Workday ServiceNow system, presents a critical and fact-based challenge to the legality and propriety of payroll actions taken by Cox Communications in mid-2024. Specifically, the issue concerns Cox’s retroactive adjustment of Mr. Coates’ pay for July 1–5, 2024, after an unrelated administrative action (withdrawal of a MetLife disability claim) occurred on July 11, 2024. Mr. Coates forcefully disputes the legal basis, procedural integrity, and transparency of this payroll adjustment.
The facts raise urgent questions about FLSA compliance, retaliation under ADA Title I, interference with protected leave, and procedural due process violations, especially in light of known health disclosures and ADA accommodation requests.
| # | Violation | Quote / Fact | Statute / Regulation | Legal Risk / Exposure |
|---|---|---|---|---|
| 1 | Retroactive Denial of Pay Without Notice or Basis | “You were not paid for those days as you did not work, nor were you out on approved paid leave.” |
29 U.S.C. § 206 (FLSA Minimum Wage) 29 C.F.R. § 541.602 (Exempt pay docking) |
Improper deduction; DOL violation; lack of notice or dispute opportunity. |
| 2 | Constructive Retaliation for Disability-Related Leave Inquiries | “I was actively pleading for a response to my ADA accommodations and pay.” | 42 U.S.C. § 12203(a) (ADA retaliation) | Timing of pay denial after protected activity = prima facie retaliation (Burlington Northern v. White). |
| 3 | Lack of Due Process or Interactive Process Engagement | “Why was I not informed of this?... I was actively requesting ADA compliance.” |
29 C.F.R. § 1630.2(o)(3) (ADA interactive process) EEOC Enforcement Guidance (2002) |
Failure to engage in good faith process; actionable ADA violation. |
| 4 | Violation of Payroll Integrity and EEOC Recordkeeping Requirements | “I request a formal and unequivocal statement... that all protocols have been followed.” | 29 C.F.R. § 1602.14 (EEOC payroll/document preservation) | Sanctions or discovery orders for missing audit trail; exposure to IRS/DOL enforcement. |
| 5 | Retaliation and Interference With Protected Leave | “Because you closed your case with MetLife... you were on unapproved leave.” | 29 U.S.C. § 2615(a)(1) (FMLA interference) | Penalizing for closing insurance claim = FMLA interference; lack of ADA/FMLA alternative. |
| 6 | Pretextual Pay Adjustment Based on Known Medical Disclosure | “I was having chest pains... she gave me 2 days of paid leave... then my pay was cut.” | 42 U.S.C. § 12112(b)(4) (ADA disparate treatment) | Temporal proximity = pretext; ADA/Title VII disparate treatment. |
| 7 | Misrepresentation of Payroll Accuracy | “I have verified with payroll that your paycheck is correct.” | Fiduciary reporting obligations; IRS code | Possible false attestation; exposure in employment disputes. |
| 8 | Failure to Reconcile Conflicting Leave Classifications | “You were not out on approved leave... but your STD claim had not been decided.” | EEOC Guidance (2002); ADA interim protection | Misleading status; constructive discharge risk. |
| 9 | Misuse of Workday and Payroll Authority Without Oversight | “I am calling for an audit of Workday systems...” | SOX-adjacent internal policy; DOL wage audit standards | Unilateral pay cuts = audit findings, fiduciary breach. |
| 10 | Violation of ADA’s ‘No Retaliation for Process Participation’ Clause | “I have been pleading... for clarity on accommodations and compliance.” | 42 U.S.C. § 12203(b) (ADA retaliation for participation) | Non-engagement + financial harm = constructive retaliation. |
The email reflects a systemic payroll and compliance failure surrounding ADA accommodation processing, leave classification, and payroll adjustments. The actions described are not isolated clerical errors but instead point to a deliberate pattern of procedural bypass, retaliatory timing, and failure to uphold legal safeguards.