Quote: "We can revisit your request once you have received a medical release to return to work from your physician." Azariah Email: Email from Azariah Workman, July 26, 2024, Subject: "Re: [EXTERNAL] Completed Physician Accommodation Request Form, Medical and Accommodation Documentation" Violation: ADA Interactive Process Requirement - The ADA mandates an interactive dialogue between employer and employee to determine suitable accommodations. Azariah deferred this process until the employee's return, neglecting her responsibility to engage in ongoing dialogue.
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.
Quote: "I worked in partnership with your leadership to look at all of the information you have submitted and have verified that per the policy, your commission payouts are correct." Azariah Email: Email from Azariah Workman, July 31, 2024, Subject: "Follow Up" Violation: ADA Interactive Process Requirement - Azariah reviewed and made decisions regarding commission payouts without the employee's presence or input, contravening the principles of an interactive process.
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.
Quote: "Because you closed your case with MetLife, you were on an unapproved leave of absence while performing no work on July 1st, 2nd, 4th and 5th." Azariah Email: Email from Azariah Workman, July 31, 2024, Subject: "Follow Up" Violation: Fair Labor Standards Act (FLSA) - The statement conflicts with the fact that pay periods and actions taken after July 5th could not affect the paycheck already issued.
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.
Quote: "I have verified with payroll that your paycheck is correct." Azariah Email: Email from Azariah Workman, July 31, 2024, Subject: "Follow Up" Violation: Cox Anti-Retaliation Policy - Azariah failed to investigate the reported payroll discrepancies thoroughly and dismissed concerns without proper inquiry.
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.
Quote: "Failure to meet the sales minimum threshold in any one-month period will result in the beginning of the performance improvement and corrective action process." Manager Evaluation: Issued on July 27, 2024 Violation: ADA and Cox Anti-Retaliation Policy - The immediate issuance of a written warning upon return from a health-related absence suggests retaliation and a failure to accommodate health needs.
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.
Quote: "I can share with you the amount of time spent on tickets and attempts to restore my computer." Email to Sarah: July 25, 2024 Violation: FLSA - Failure to acknowledge and address the employee's request for proration of hours lost due to technical issues.
Policy Reference: Cox's company policy guidelines on occurrences.
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.
Quote: "Once you are ready to return to work from your MetLife managed leave, we can engage in the interactive process." Azariah Email: Email from Azariah Workman, July 26, 2024, Subject: "Re: [EXTERNAL] Completed Physician Accommodation Request Form, Medical and Accommodation Documentation" Violation: ADA - While claiming to wait for the employee's return, Azariah conducted independent reviews and made decisions during the employee's absence, showing inconsistency in her approach.
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.
Quote: "Please note that when returning from a MetLife managed leave of absence, employees are required to provide documentation supporting their return to work." Azariah Email: Email from Azariah Workman, July 26, 2024, Subject: "Re: [EXTERNAL] Completed Physician Accommodation Request Form, Medical and Accommodation Documentation" Violation: Cox Anti-Retaliation Policy - The statement reflects a lack of adherence to the policy of thorough and fair investigation of complaints and concerns.
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.
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.
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.
Summary: The actions and statements made by Azariah Workman demonstrate a consistent pattern of neglecting the interactive process, making unilateral decisions without employee participation, and failing to investigate or address concerns properly. These actions violate multiple aspects of the ADA, FLSA, and Cox’s Anti-Retaliation Policy.